The main legal point established in the judgment is the importance of considering the reliability of witness testimony, especially in cases involving deep-seated enmity between the witnesses and the accused.

( 1 ) THE appellants, namely, Ram Sajeevan, Ram Kishore, Hem Chand and his father Daya shanker challenge the judgement and order dated 31. 10. 1981 passed by Sri L. S. Shukla, the then vi Additional Sessions Judge, Fatehpur in S. T. No. 204 of 1979. All of them have been convicted under Section 302 read with Section 149 I. P. C. and sentenced to life imprisonment. Ram Sajeevan and Daya Shanker have further been convicted under Section 147 I. P. C. with one years rigorous imprisonment. The remaining two Ram Kishore and Hem Chand have been convicted under Section 148 I. P. C. with 1 1/2" years rigorous imprisonment. Ram Sajeevan has also been convicted under Section 323 read with Section 149 I. P. C. and sentenced to nine months rigorous imprisonment. One Chandra Pal was also tried with the accused-appellants but he was acquitted. There was another accused Bansh Gopal who had died during the trial.

( 2 ) A co-accused Lajji was also convicted and sentenced for various terms. He filed separate criminal Appeal No. 2609 of 1981. He died during the pendency of appeal and that appeal abated under order dated 14 7. 2004

( 3 ) ONE Shambhoo Dayal died in the incident and Om Prakash PW 4 son of deceased Shambhoo dayal sustained injuries. The incident took place in between the night dated 24/25. 3. 1979 at about 1 O clock at the Chabutara outside the house of the deceased in village-Godaha hamlet of chandpur, Police Station Chandpur, District Fatehpur and report was lodged on 25. 3. 19/9 at 3. 30 a. M. by Mewa Lal PW 3 brother of the deceased.

( 4 ) THE case of the prosecution as unfolded during the trial was as follows: The complainant mewa Lal PW 3 and his two brothers Shambhoo Dayal deceased and Mots Lal lived in the same house. Ram Sajeevan had taken forcible possession over 24 Biswa of his and due to which there was long-standing enmity. The complainants side had taken hack possession over the said land which annoyed Ram Sajeevan. 28 days before the incident. Ram Sajeevans bullock had hurt manju-daughter of the brother of the complainant The complainant and his brothers complained to Ram Sajeevan in this behalf, it further infuriated Ram Sajeevan who in turn, retorted in abusive language and held oat that he would see them soon. In the fateful night, the complainant and his brother Moti Lal were lying inside the room. The deceased Shambhoo Dayal and his sons om Prakash and Indrajeet. were sleeping on the Chabutara outside on separate cots. The glowing lantern was hung on a peg in the verandah as usual. At about I Of clock, the accused-persons named above came to his door. Ram Sajeevan, Daya Shanker, Bansh Gopal and Lalji were armed with lathis. Ram Kishore and Hem Chand had guns with them and Chandra Pal was having a country-made pistol. They caught hold of Shambhoo Dayal and started assaulting him with lathis. While doing, so, they kept on asking about the complainant and Moti Lal. On his declining to give required information, they dragged him to the door where the accused Ram kishore and Hem Chand caused him injuries with firearms upon the exhortation of Ram sajeevan. Sustaining firearm] injuries, Shambhoo Dayal fell down and died. They also assaulted shambhoo Dayals son Om Prakash with lathis. The complainant and others raised alarm. As a result, Ram Prakash, Babul Lal and many other persons of the village rushed up to the spot on hearing the sound of the gunshots. Upon the pressure of the villagers building up, the accused-persons ran away.

( 5 ) THE complainant Mewa Lal scribed the report of the incident went to the Police Station and lodged the same. A case was registered and investigation was taken up by S. I. R. P. Tripathi PW

( 6 ) AFTER recording the statements of the complainant Mewa Lal and Om Prakash at the Police station, he sent the injured Om Prakash to P. H. C. Amauli, district Fatehpur through a constable. He himself proceeded to the spot with other police personnel: Inquest of the dead body of the dece