The main legal point established in the judgment is that delay in lodging the FIR, contradictory statements of eyewitnesses, and lack of corroboration can undermine the reliability of the prosecution's case and raise serious doubts about the guilt of the accused.

JUDGMENT :

(Kuldeep Mathur, J.)

1. By the jugdment dated 25.04.1992 passed in Sessions Case No.25/1990, learned Sessions Judge, Dungarpur convicted and sentenced appellants as under:-

2. The appeal has been preferred by the appellants assailing the judgment dated 25.04.1992. Bailable warrants issued by coordinate Bench of this Court vide order dated 05.08.2022 for summoning the appellants were received with the report that appellant no.2 expired on 26.12.2020. This Court vide order dated 23.09.2022 held that the appeal stood abated to the extent of appellant No.2 Nan Chand and ordered that a note to this effect be appended in the cause title.

3. Brief facts relevant and necessary for disposal of the appeal are noted hereinbelow:

4. Some time in the month of September 1989, Bhura Lal (PW1), while going to Yadav cremation ground, near VaaglaVaali Paal noticed that as if some human/animal was buried there and foul smell emanated therefrom. Bhura Lal also noticed few fragments of human body and a swarm of flies around the area. Bhura Lal informed his brother Shankar Lal, who then informed Punja (P.W.9), Sarpanch of the village, whereupon, Punja (P.W.9) reached to the area and verified the above information and lodged a written report (Ex.P/14) on 29.09.1989 at Police Station, Sadar Dungarpur, upon which unnatural death case No.9/89 under Section 174 Cr.P.C. came to be registered. The enquiry in relation to unnatural death case No.9/89 was handed over to Shri Keshar Singh (P.W.10) Station Incharge under Section 174 Cr.P.C. who, after inspecting the Yadav cremation ground, prepared the inquest memo (Ex.P/15) recording a finding that human remains were found inside a ditch, measuring 7 feet long and 3 feet wide. Statements of Bhura Lal Yadav (Ex.D/1) and Shankarlal (Ex.D/4) under Section 161, Cr.P.C. were also recorded by Shri Keshar Singh (P.W.10). Later on, Aziz Mohammad (P.W.14), Sub-Inspector, P.S. Sadar Dungarpur took over the enquiry and concluded in inquest report that the accused-appellants murdered Khem Chand by inflicting lathi blows on his head and thereafter buried the dead body. Aziz Mohammad forwarded this information (Ex.P/46) to Superintendent of Police, Dungarpur whereupon, an FIR No.7/90 (Ex.P/47) came to be registered at P.S., Sadar Dungarpur on 11.01.1990 for offences punishable under Sections 302 and 201 IPC alleging inter alia that on 27.08.1989, at around 8-9 PM, the accused appellant Veer Chand visited house of Smt. Bhuri Devi (P.W.2) and sat on a cot leaving his slippers at the entrance door. At the same time, Khem Chand also arrived at Smt. Bhuri Devi’s House to purchase milk, who while returning back accidentally stepped on the slippers of accused appellant Veer Chand. This incident led to an altercation between Veer Chand and Khem Chand, upon which Khem Chand called his brother/co-accused appellant Nan Chand to bring a lathi. Veer Chand gave 2-3 lathi blows on the head of Khem Chand. Nan Chand caught hold Khem Chand, while Veer Chand gave lathi blows to him, as a result of which Khem Chand fell on the ground. The whole incident was witnessed by Smt. Bhuri Devi (P.W.2), Ratan Lal (P.W.6), Bhuralal Yadav (P.W.1) and Ratan Ji (P.W.4), none of them intervened in between to save Kh