In a criminal case, the prosecution must prove its case beyond a reasonable doubt. If the evidence is contradictory or unreliable, the accused must be acquitted.

( 1 ) THESE four criminal appeals have been filed against an order and judgement dated 31-5-1978 passed by Sri M. P. Tripathi, II Additional Distt. and Sessions Judge, Deoria by which he has convicted Dhruv Tewari u/ss. 148 and 302/149, I. P. C. and has sentenced him to undergo 3 years R. I. and life imprisonment thereunder respectively, and has also convicted Ram Karan Mal, Diwakar Mani and Umesh Misra under Ss. 147 and 302/149, I. P. C. and has sentenced each of them to undergo 2 years R. I. and imprisonment for life thereunder respectively.

( 2 ) THERE was some dispute in respect of a house between one Hardwar Gupta, his son Dhyan Chand and family members on one side and Sheo Ram Mani accused on the other on account of which there were strained relations between Dhyan Chand and Sheo Ram Mani accused. Sheo Shanker deceased was on friendly term with the said Dhyan Chand, Ram Karan Mal and Dhruv Tewari etc. were in the opposite camp.

( 3 ) ON 7th November, 1976 at about noon time Sheo Shanker deceased and Dhyan Chand had assaulted Ram Karan Mall appellant in the town of Deoria and with respect to the same a report had been lodged at P. S. Kotwali on the same day. Due to the said incident Ram Karan Mat and other accused persons, who were his friends, were much annoyed and aggrieved with Sheo Shanker deceased and they wanted to take revenge for the same.

( 4 ) ACCORDING to the case of the prosecution on 7-11-1976 at about 7. 30 p. m. Sheo Shanker deceased and his two brothers P. W. 2 Raj Bahadur and P. W. 4 Rama Shankar were sitting in their tea shop, situate in the compound of Cane Union Office in the premises of Deoria Sugar Mills. Whereas Sheo Shanker was making rotis his other two brothers were taking meals. At that time Dhruv Tewari, Ram Karan Mal, Sheo Shanker Mani, Upendra and Udaibhan, armed with knives, and Diwakar Mani, Umesh Misra, Girish Singh, Bhupendra Upadhyaa and 3-4 unknown persons, armed with lathis, came there, Ram Karan Mal appellant abused Sheo Shanker deceased and shouted that because he had assaulted him during the day time, hence he would not now spare his life. Ram Karan Mal rushed towards Sheo Shanker in order to catch him. However, Sheo Shanker deceased ran away and entered in the nearby residential quarter of Ram Adhar Lal Srivastava. P. W. 6. Ram Karan Mal and his companions chased him and they also entered the said quarter of Ram Adar Mal Srivastava, and started beating him and causing injuries with knives and lathis. In the meanwhile P. W. 2 Raj Bahadur, P. W. 4 Rama Shanker and some other witnesses had reached there. The assailants then went away.

( 5 ) AFTER the aforesaid incident Raj Bahadur and Rama Shanker immediately took his brother, i. e. Sheo Shanker, to the District Hospital, Deoria where he was declared dead. In the hospital itself P. W. 2 Raj Bahadur wrote a report of the incident which was taken to the P. S. Kotwali, District Deoria by P. W. 4 Rama Shankar, where it was handed over on the same day at 8. 45 p. m.

( 6 ) IN support of its case the prosecution examined P. W. 2 Raj Bahadur. informant, P. W. 4 Rama Shanker, P. W. 5 Puranamasi and P. W. 6 Ram Adhar Lal Srivastava in order to give an eye-witness account of the incident. Whereas P. W. 6 Ram Adhar Lal Srivastava turned out to be hostile, learned trial Court has not believed and relied upon P. W. 5 Puranamasi. P. W. 3 Ram Hausala Pande was Head Moharrir at P. S. Kotwali, District Deoria. He deposed that on 7-11-1976 at 8. 45 p. m. Rama Shankar had come to him to hand over the written report of the incident on which this case was registered. P. W. 8 Raghunanadan Misra S. I. had gone to District Hospital Deoria on 8-11-1976 to take the dead body of Sheo Shanker in possession. He had also prepared the inquest report. P. W. 7 constable Sheo Nath Chaubey had taken the dead body of Sheo Shanker for post-mortem examination. The investigation of this case was made by Sri D. P. Singh, the then S. O. P. S. Kotwali, Deoria. He