The judgment underscores the principle that the prosecution must establish guilt beyond reasonable doubt, particularly when eyewitness testimony is contradicted and evidence is lacking.

JUDGMENT

Birendra Kumar, J. - The appellants above named faced trial in Sessions Case No.07/2015 arising out of FIR No.406/2014 registered with Police Station Kanchanpur. The learned trial Judge found appellant Bhagwati guilty under Section 302 of IPC. Other appellants were found guilty under Section 302/34 of IPC and all the appellants were further found guilty under Sections 336/34 and 307/34 of IPC. Imprisonment for life was awarded to all the appellants for offences under Sections 302/34 and 307/34 of IPC. Fine of Rs.1,000/- and in default of payment of fine, two months simple imprisonment was also ordered. For the offence under Section 336/34 of IPC, one month simple imprisonment was awarded.

2. On the date of judgment by the learned trial Judge, appellant Dhani Ram was not present hence, by the impugned judgment dated 03.06.2017, rest three were found guilty and sentenced as above, whereas appellant Dhani Ram was convicted by the impugned judgment dated 05.06.2017 and was sentenced on the same day. Hence the two appeals aforesaid.

3. The prosecution case as disclosed in the FIR is that on 12.12.2014 at about 07:30 A.M., informant (PW.1) along with his cousin brother Komal Singh (PW.8) was going through the newspaper near his house. The brother of the informant namely Bablu (deceased) and Kamal Singh (PW.7), Nawal Singh (PW.3), Vivek Singh @ Bantu (PW.6) were also reading the news papers. At the time, appellants Rameshwar, Bhagwati, Pappu @ Ramsewak and Dhani Ram armed with Katta (short gun), gun and Lathi came out of their house and stated that they would kill the informant. The accused persons initially started hurling stones, the prosecution side also started retaliating to save themselves. Thereafter, the accused persons returned and attacked again. Accused Rameshwar fired with his 12 bore gun, however the shot crossed above the head of the informant. Thereafter, the accused Bhagwati fired with his 315 bore Indian gun, which hit at the chest of Bablu and Bablu fell down. The accused Pappu and Dhani Ram made several fire at the informant but the informant escaped. In the meantime, villagers assembled there, then the accused persons fled away from the site. The police came and took the injured to Dholpur Hospital and the injured died as soon as he reached the hospital.

4. The prosecution examined altogether 12 witnesses. The defense also produced four witnesses. Several documents have been exhibited in this case.

5. We have thoroughly gone through the oral and documentary evidences on the record.

6. Learned counsel for the appellants contends that the testimony of eye-witnesses PW.1 Krishna Singh, PW.3 Nawal Singh, PW.6 Vivek Kumar, PW.7 Kamal Singh, PW.8 Komal Singh and PW.10 Mohar Singh would reveal that they have deposed in a parrot like manner to support the FIR. All these witnesses are family members of the deceased. They have admitted long political rivalry with the family of the appellants. The candidate from the appellants' family was defeating the candidate coming from the prosecution family in Sarpanch election since last several years and the prosecution was keeping a grudge against the appellants that is why the false implication is there. Learned counsel contends that it is consistent defense of the appellants that murder of Bablu was committed somewhere else and the dead body was brought on the alleged place of incident to falsely implicate the appellants as there was political rivalry with the prosecutors and several criminal cases were going between the parties since long. Learned counsel submits that this is the reason for not instituting the FIR till post-mortem and cremation of the dead body though the police was already there at the place of incident since the time of recovery of dead body till its postmortem examination. Learned counsel submits that no blood stained soil was seized by the police on the date of incident, evidently, for the reason that no blood was found on the place where dead body was kep