2012 Supreme(All) 2959

ALLAHABAD HIGH COURT
BEFORE : RAKESH TIWARI AND ANIL KUMAR SHARMA, JJ.
PAPPU @ AVANISH ....Appellant
Versus
STATE OF U.P. ....Opposite Party
(Criminal Appeal No. 938 of 2010 and 2677 of 2004, decided on 7th November, 2012)

Headnote:(Indian) Penal Code, 1860—Sections 302 and 120-B—Criminal Law (Seventh) Amendment Act, 1932—Arms Act, 1959—Double murder—Eye-witnesses—Prompt FIR—Conviction—Sustainability of—Witnesses have no animus with any of accused appellants—Motive not relevant, when prosecution relies upon evidence of eye-witnesses of incident—Non mention of pre-incident role in FIR, not fatal—Because FIR is not encyclopedia of prosecution case—Informant proved execution of FIR by examining himself—Non-informing of family members of deceased by witnesses—It cannot be concluded that they have not witnessed incident—Place of incident fully proved—Medical evidence fully corroborates eye-witnesses account—Recovery of country made pistol at instance of accused 'P'—Conviction upheld—However, Convication of other appellants set aside.