The central legal point established in the judgment is the requirement for the prosecution to establish guilt beyond a reasonable doubt, and the court's duty to carefully scrutinize evidence and testimonies to ensure a fair and just decision.

This appeal, preferred under Section 374 of the Code of Criminal Procedure, 1973 is directed against the judgment and order dated 05.02.2002, passed by Addl. Sessions Judge / F.T.C. First, Nainital in Sessions Trial No. 453 of 1996, whereby accused / appellant Jagdish has been convicted under Section 302 of Indian Penal Code, 1860 and sentenced to imprisonment for life, and directed to pay fine of ` 2,000/- in default of payment of which he has been further directed to undergo imprisonment for a period of six months.

2. We have heard learned counsel for the appellant & learned Addl. Government Advocate for the State and perused the lower court record.

3. Prosecution story, in brief, is that P.W.1 Joga Ram (informant) is resident of Shivnathpur, Nai Basti, police station Ramnagar, District Nainital. On 10.01.1996, at about 06:00 P.M., Kundan Lal s/o informant Joga Ram proceeded from his house towards Dhela Barrage to take battery, and on his way he stopped at the shop of Umed Ram to purchase peanuts. At that time accused Ramesh, Jagdish and Pooran reached there. Another villager Anand s/o Ganga Ram was also there. By that time, Joga Ram (informant) and his nephew Diwan Ram who were also going towards Dhela Barrage reached there and saw accused Ramesh and accused Pooran catching hold of his son Kundan Lal. Accused Ramesh was armed with patal and accused Jagdish was armed with axe. Accused Jagdish gave a blow of axe on the head of Kundan Lal, as a result of which Kundan Lal sustained injury and fell on the ground. On raising alarm by P.W.1 Joga Ram all the accused fled away from the scene of occurrence. Kundan Lal succumbed to his injuries on the spot. Other villagers also gathered on the place of occurrence. P.W. 1 Joga Ram (informant) got the report (Ext. Ka-1) scribed by a villager Yogendra Kumar (P.W.7) on the same day i.e. 10.01.1996, and on the basis of said report, chick repot (Ext. Ka-5) was lodged by the police and Crime No. 21 of 1996 was registered against the accused / appellants Ramesh, Jagdish and Pooran for the offence punishable under Section 302 of I.P.C.

3. Investigation of the case was taken up by S.I. Brijesh Kumar Tyagi (P.W.9). He took the dead body in his possession and prepared inquest report (Ext. Ka-2) and other necessary papers. The dead body was sent in a sealed cover for postmortem examination. The postmortem examination was conducted by Dr. Yashpal Singh Rawat (P.W.5) of L.D. Bhatt Hospital, Kashipur on 11.01.1996, at 02:00 P.M. The said Medical Officer prepared autopsy report (Ext. Ka-3) and recorded that the deceased had died of coma due to ante mortem injury. In the meantime, P.W.9 S.I. Brijesh Kumar Tyagi inspected the spot, prepared site plan (Ext. Ka-12). He also took simple soil and blood stained soil in his possession and prepared recovery memorandum (Ext. Ka-4). After interrogating the witnesses and on completion of investigation, P.W.9 S.I. Brijesh Kumar Tyagi filed charge sheet (Ext. Ka-13) against accused Ramesh, Jagdish and Pooran for their trial in respect of offence punishable under Section 302 of I.P.C.

4. The Magistrate, on receipt of the charge sheet, after giving necessary copies to the accused, as required under Section 207 of Cr.P.C., committed the case to the court of sessions for trial. Learned IV Addl. Sessions Judge, Nainital on 06.12.1996, after hearing the parties, framed charge for the offence punishable under Section 302 of I.P.C. against the accused / appellant Jagdish. Charge is respect of offence punishable under Section 302 read with Section 34 was framed against accused / appellants Ramesh and Pooran. All of them pleaded not guilty and claimed to be tried. On this, prosecution got examined P.W.1 Joga Ram (informant and eyewitness); P.W.2 Umed Ram (declared hostile); P.W.3 Diwan Ram; P.W.4 Jagdish Prasad; P.W.5 Dr. Yashpal Singh Rawat (who conducted the postmortem examination); P.W.6 Om Prakash (witness of preparation of inquest report); P.W.7 Yogendra Ku