The judgment establishes the principle of relying on consistent and corroborated testimony, along with disproving false defenses, to establish guilt beyond reasonable doubt in murder cases.

( 1 ) BY means of the Instant appeal the conviction order recorded on 21st May, 1980 by the Court of the VIIth Additional Sessions Judge shahjahanpur in Sessions Trial No. 113 of 1979 has been challenged by the accused persons namely Takan and Raghubir (father and the son ). Both of them have been awarded life, imprisonment for the offence punishable under Section 302 read with section 34 of the Indian Penal Code.

( 2 ) DURING the pendency of the instant appeal the accused Takan has died with the result, his appeal was ordered to be abated. Thus, we are concerned in the instant appeal with the accused Rabhubir only.

( 3 ) SMT. Vidyawati wife of Beni Ram is alleged to have been murdered by the accused in furtherance of their common intention on 16th April, 1978 at about 6. 00 or 6. 30 a. m. in village Bari, Police Station kanth, District Shahjahanpur, by causing fire-arm injuries to her.

( 4 ) REGARDING the motive for the commission of the crime in question it is alleged that one Chhote Lal was the own uncle of the accused Takan. The said Chhote Lal had no son. He had only one daughter named vidyawati (deceased ). About ten years back, the said Chhote Lal had eloped with a lady of the village and started living somewhere in District Farrukhabad. He had half share in the agricultural holdings and the remaining half was with the accused Takan. Prior to leaving the village Bari, the said Chhote lal had given his field for cultivation to accused Takan. Chhote Lal died 5/6 years prior to the present incident. Smt. Vidyawati was living with her husband in village Mau basak. On the death of her father, she came to her fathers village Bari and gave holdings of her father to accused Takan on batai as before Takan cultivated the land and shared crops with the lady victim. After about two years, his intention became dishonest with the result, he applied for mutation of the land and it was opposed to by the lady victim. Her objection was upheld and the land came to her share. Thereafter she gave this land for cultivation on batai to Sri Ram who is the informant of the present incident. This caused annoyance to the accused. Regarding the actual incident in question, it is alleged that on 12th April 1978 Smt. Vidyawati (victim) had come to the complainant Sri Ram for taking share of her crop and stayed with him. On the fateful day i. e. 16-4-1978 at about 6. 00 a. m. the lady Smt. Vidyawati left house for taking water from the well with bucket and rope. The well is located in front of the house of sri Ram. She actually took out water from the well and was returning back. The accused Takan armed with pistol and raghubir armed with gun were standing by the side of the corner of Master Kishans cattle shed. They appeared at the scene of occurrence. The accused Takan then fired hitting the lady on the breast and abdomen. On being so hit, she fell down and the bucket, full of water and rope also fell down on the earth. She got up and could cover two paces when she was again fired at by the accused Raghubir hitting at her back. She fell down in front of the door of the complainant. Both the accused ran away from the place of occurrence brandishing their arms. The incident was witnessed by the complainant Sri Ram (P. W. 1), Netra Pal (P. W. 2)and Itwari (P. W. 3 ). P. W. 2, Netra Pal was present on the read just near the south eastern corner of Master Kishans cattle shed. (P. W. 3), Itwari was present at the well itself for taking out water while the victim was doing so.

( 5 ) THE accused are resident of village Bari police Station Kanth. The complainant is also resident of the same village and similarly P. W. 2 Netra Pal and P. W. 3 Itwari are also residents of the same village. This village is situated on the main road running from Powayan in the east to Madanpur in the west. The village abadi is situated on both sides of the road. One Kachcha rasta runs from this road towards the north in the Abadi. Likewise another Kachcha ras