In a criminal case, the prosecution must prove the guilt of the accused beyond a reasonable doubt. If there are inconsistencies, improbabilities, and lack of corroboration in the prosecution's evidence, the court may give the benefit of doubt to the accused and acquit them.

( 1 ) THE five appellants namely, Chunni, Bateshwar, Sallu, Ram Ratan and Indra Pal alias Inder, were convicted and sentenced under Sections 302/149 I. P. C. and 148 I. P. C. Under the first count they were awarded Life Imprisonment and under the second count they were awarded two years R. 1. Both the sentences were directed to run concurrently. The aforesaid convictions and sentences were recorded by Shri Mohan Singh, III Additional District and Sessions Judge, Hardoi vide his orders dated 4-8-1979 and 6-8-1979. Feeling aggrieved by the aforesaid conviction and sentences, the five appellants have come up in appeal before this Court.

( 2 ) THE prosecution case as it emerges from the recitals contained in the F. I. R. lodged by Kunwar - real brother of deceased Sundar on 19-6-1978 at 8. 10 p. m. at Police Station Pihani, District Hardoi, the distance between the place of incident and the aforesaid Police Station being 13 miles, runs as under :-

( 3 ) BETWEEN the informant and appellants Sallu and others protracted enmity is alleged to be subsisting about 7 or 8 years ago, it is alleged that in an incident the father of appellant Sallu, namely, Talli was killed and for Tallis murder the informant had been implicated. On 19-6-1978 when the sun was about to set, the deceased and the informant are alleged to have been returning from the market and when they had reached the Abadi of the village in front of the house of Teeka, they saw the We appellants out of whom Sallu Ram Ratan and Indra, Pal were armed with guns and Chunni and Bateshwar with country made pistols sitting there. When the deceased and the informant reached near them, the accused persons are alleged to have challenged them and the appellant Sallu is alleged to have said "aj Saran Ka Marin Dala Jai Aur Bap Ka Badla Poor Kar Leen Jai. " It is alleged that they were chased and appellants Sallu fired with his gun, on deceased Sundar and the aforesaid shot struck Sundar and injured him. Sundar after getting injured is alleged to have kept running on. The accused persons chased Sundar who ultimately fell down in Ram Sahays field and there as a result of firing, they injured him. On the cries of the informant, Khanjan (P. W. 2), Thakurprasad (P. W. 3) Arak, Ram Naresh (both not examined) came at the place of the incident and are alleged to have seen the incident. They are said to have challenged the appellants, Sallu and others, who leaving Sundar in an injured condition are said to have run away in the northern direction. Thereafter a cot was arranged for and Sundar who was still alive, was brought on it to Bus-stop from where he was brought on a Bus to Pihani. He was taken to police station Pihani by the informant Kunwar Who is alleged to have been accompanying him and there Kunwar lodged the F. I. R. at the time stated above. On the basis of the F. I. R. Crime No. 145 of 1978 was registered against the five appellants.

( 4 ) THE injured Sundar was sent to Primary Health Centre Pihani along with a letter addressed to the Medical Officer but before he could reach the Primary Health Centre, he succumbed to his injuries. The investigation of the case was taken up by Shri Hargovind Singh, who has not been examined by the prosecution in the instant case. Shri Hargovind Singh recorded the statement of the informant, prepared the inquest report, sent the dead body for autopsy and recovered from the place of the incident from Ram Sahays field plain and blood stained earth some wads and empty cartridges. After the transfer of Shri Hargovind Singh, the subsequent, investigation was conducted by Sub Inspector Rananjai Singh (P. W. 5 ). Shri Rananjai Singh after interrogating the accused submitted the charge-sheet. (Ex. ka 4) against them.

( 5 ) THE autposy on the dead body of the deceased was conducted by Dr. J. K. Varma (P. W. 6) on 21-6-1978 at 9. a. m. Dr. Varma found the following ante-mortem injuries on the person of the deceased :-1. A gun shot wound of entry 3. 5