The main legal point established in the judgment is the requirement for the prosecution to prove charges beyond a reasonable doubt, and the importance of credible evidence in criminal cases.

( 1 ) IN Sessions Trial no. 91 of 1999 State v. Sanjay Vishwakarma and others Police Station Kptwali Basti, District Basti accused-Sanjay Vishwakarma, brij Kishore Singh alias Dimple and Atul singh were placed on trial to answer the charge under S. 302 read with S. 34, I. P. C. On conclusion of the trial learned 1st Additional Sessions Judge, Basti convicted accused-Sanjay Vishwakarama under S. 302, i. P. C. and accused-Atul Singh and adcused-Brij Kishore Singh alias Dimple under S. 302 read with S. 34, I. P. C. and they were sentenced to imprisonment for life thereunder and also to a fine of Rs. 5000. 00 each and in default of payment of fine to further undergo six months rigorous imprisonment.

( 2 ) ALL the three accused preferred separate appeals against their conviction and sentence passed by the learned Additional sessions Judge. Since all the three appeals have arisen out of one and the same Judgment they have been heard together and are being disposed of by common judgment. Atul Singh v. State of U. P.

( 3 ) THE prosecution case in nutshell is that in the forenoon of 21-11-1998 Radhey shyam Pandey was at his house situate at avas Vikas Colony District, Basti and his son A) ay Kumar alias Pintu returned back home from the city and told him that a scuffle took place between him, on one hand and sanjay Vishwakarma," Atul Singh and Brij kishore Singh alias Dimple on the other in front of APN Degree College; that at that time he was accompanied by Vikas Singh and sunil Kumar Verma and that his opponents were in search of him in order to kill him. Then Radhey Shyam Pandey taking his son ajay Kumar alias Pintu accompanied with vikas Singh and Sunilkumar went from his house in order to make a complaint to the principal of APN Degree College. When they reached near the PCO in the pavement leading to the main road accused-Sanjay vishwakarma, Brij Kishore Singh alias Dimple and Atul Singh sighting Ajay Kumar exhorted that he should be killed. Thereupon ajay Kumar intended to run away by turning but Sanjay Vishwakarma fired at him with country-made pistol and on receiving firearm injury Ajay Kumar fell down and all the three miscreants ran away on the motor cycle standing nearby. At that very time one dina Nath Pandey and Udai Shankar Shukla reached there and tried to catch hold of the miscreants but they succeeded in making their escape good. Immediately thereafter radhey Shyam Pandey and his wife Smt. Anirudh Kumari took their injured son Ajai kumar in a jeep to the District Hospital, basti but by the time they reached the Hospital injured Ajay Kumar succumbed to fatal injuries sustained by him in the said incident. Then Radhey Shyam Pandey, father of the deceased went to the Police Station basti Kotwali, District Basti and lodged an fir of the occurrence with the police there at about 12. 30 noon. The police registered a crime against the accused under S. 302, i. P. C. and started the investigation. After completing the investigation the police submitted charge-sheet against the accused accordingly.

( 4 ) AFTER framing of the charge against the accused the prosecution examined radhey Shyam Pandey (P. W. 1), Dina Nath pandey (P. W. 2), Udai Shankar-Shukla (P. W. 3) and Vikas Singh (P. W. 4) as witnessesof the occurrence. Testimony of the remainiitg witnesses is more or less of formal nature. P. W. 6 Dr. Mohd Iqbal who conducted autopsy on the dead body of Ajai Kumar has proved the post-mortem report (Ext. Ka 4 ). P. W. 5 HC Achhey Lai Yadav who prepared check report on the basis of the5 written report of the occurrence (Ext. Ka 1) handed over to him by Radhey Shyam Pandey, father of the deceased at the police station, has proved the check report (Ext. Ka 2) and the G D entry regarding registration of the crime (Ext. Ka 2 ). P. W. 7 SI Gauri Shankar tewari who drew inquest proceedings on the dead body. "of Ajay Kumar on. the directions of Station Officer Surendra Pratap Singh, the Investigating Officer has proved