The main legal point established in the judgment is the requirement for reliable and consistent evidence to support a conviction. The court emphasized the importance of credibility and consistency in witness testimony and highlighted the need to address discrepancies and inconsistencies in the prosecution's case.

( 1 ) HEARD learned counsel for the appellant Shri Raghuraj Kishore and Shri J. S. Sengar and Shri Ratan Singh Additional Government Advocate for the State.

( 2 ) THIS appeal was filed by 6 appellants against the order of conviction and consequent sentence of life imprisonment under Section 302/149. I. P. C. appellants Kailash Narain and Jitendra Singh were convicted and sentence under Section 323 I. P. C. to Rigorous Imprisonment for one year and under Section 147 I. P. C. to 2 years Rigorous Imprisonment to appellant Nos. 1, 2, 5 and 6 namely Kailash, Udai Narain, Ram Babu and Jitendra Singh Appellants Nos. 3 and 4! Ram Shankar and Ram Autar, were convicted under Section 148 I. P. C, and sentenced to 2 years Rigorous Imprisonment. All these sentences were to run concurrently.

( 3 ) THE incident in this case occurred on the night intervening 14/15/7/1976 at about 1/1. 30 a. m. on the roof if the house of the deceased Onkar Nath. The report of the incident was lodged at 7. 00 a. m. by Ram Gopal P. W. 5. brother of deceased Onkar Nath. The enmity that played its role behind this murder was on account of the construction of a shop by the deceased on the Gram Samaj Land. According to the F. I. R. at the place of occurrence no source of light was there but for the moon light. The F. I. R. of the incident came into existence on 15/7/1976 at 7. 00 a. m. The police station is situated at a distance of 6 miles from the place of occurrence. Smt. Urmila allegedly also suffered injuries in this case. Her injuries were from some sharp edged pointed weapon. The deceased had not suffered any sharp edged weapon injury despite the fact that Udai Narain and Ram Shankar were possessing Karaulis and alleged to have used them as knife. The other three accused Kailash Narain, Ram Babu and Jitendra Singh were unarmed. Three appellants were said to have pressed the deceased on the cot.

( 4 ) AFTER the investigation by the SJ. Mohd. Nairn Khan and Sheo Raj Singh charge sheet was submitted in Court and the accused persons were challaned and convicted as earlier discussed.

( 5 ) THE defence has denied the prosecution case in its entirety and have suggested their involvement in the offence on account of enmity with Ram Gopal, Bishambhar and Jai Karan. They had also stated that these persons were bearing animosity against them because the, mother of Ram Gopal was living in illicit intimacy with Sita Ram and they were critical of this unsocial conduct of her. They had severed their relations with them.

( 6 ) IN their trial the prosecution has produced Smt. Urmila P. W. 1 as the sole eye witness of the incident P. W. 2 Jai Karan and P. W. 3 Bishambhar Singh were produced as witnesses of the circumstance of running away from the spot of these appellants immediately after the incident. P. W. 5 Ram Gopal is the informant. He is brother of the deceased and had claimed that he was sleeping at his house which is 6 steps from the place of occurrence. He rushed on hearing the alarm coming from the house of Onkar Nath. He came to the spot immediately thereafter. He did not make any inquiry from his sister in law, wife on the deceased throughout the night. Apart from this witness there are 5 formal witnesses. They are Nawab Singh P. W. 4, the Had Moharrir, he has registered the case on the report of Onkar Nath for an incident that occurred long before the impugned incident. This witness had also proved the report lodged by Ram Gopal for the present incident. It was an dral report according to him. It is Ext. Ka. 3. He has also proved the original diary it is Ext. Ka. 4 on the record. He had admitted that no inquiry was made from the informant regarding Ext. KA. 1. He had denied any acquaintance with Onkar Nath from before. He admitted his visit to the spot of occurrence on the date of incident. He further admitted that the general diary pertaining to Ext. Ka. 3 was sent to the C. O. on 17/7/1976. Mohd. Nairn Khan P. W. 6 is the first Investigating