The main legal point established in the judgment is that the identification of the accused in court without his name in the FIR and the absence of a test identification parade were not sufficient to establish guilt. The court also emphasized that criminal antecedents cannot form the basis of conviction.

Vijay Lakshmi, J.

1. As both these-appeals have been preferred against the same judgment and order dated 6.3.2014 passed by the Addl. Sessions Judge, Court No. 3, Jaunpur whereby acquitting the accused respondent Prem Prakash Singh alias Munna Bajrangi, both were being connected and heard together, as such both are being disposed of by this common order. We have heard Shri. N.D. Shukla, appearing on behalf of appellant Sabha Shankar alias Lalta Prasad Dubey who has preferred the appeal under Section 372 , Cr.P.C. as well as learned Government Advocate appearing on behalf of State of U.P. In Government Appeal and Sri. Rajarshi Gupta appearing for accused/respondent in both the appeals.

Perused the records.

2. Some brief facts of the case are that on 24.1.1996 at about 5: 30 p.m. the informant namely Manoj Kumar Singh, along with his brother Raj Kumar Singh was standing at a tea shop situated in the market of Zamalpur on Jaunpur Bhadohi Road and was talking with him. In the meantime, Kailash Dubey and Bankey Lal Tiwari reached there and joined them. While all of them were busy discussing topic of Panchayat election, a white Maruti van came from the side of Madiyahun and halted at some distance from the place where these people were standing. Out of the said Maruti van, accused Gajraj Singh and Alam Singh alighted. They were armed with rifles. The accused Gajraj Singh exhorted his son Alam Singh with the words "Jaan Se mar dalo saalon ko" and as a sequel to exhortation, Alam Singh fired at Raj Kumar. Gajraj Singh made fire upon Kailash Dubey due to which both of them got injured and fell down on the spot. Thereafter, 4-5 unknown persons alighted from Maruti Van and started firing indiscriminately, by which Bankey Lal Tiwari sustained fire arm injuries who immediately fell down and succumb to the injuries. Some other people present there namely, Ram Ashrey Singh, Indrajeet Singh, Sumer Rajbhar, Renu, Dhirendra Tiwari etc. also sustained fire arm injuries. The condition of Kailash Dubey and Raj Kumar (brother of informant) became critical. Both of them were immediately taken to hospital at Jaunpur where doctor declared them brought dead. The incident was witnessed by the informant, Shivram Singh, Dinesh Singh, Indrajeet Singh, Lalta Dubey Keshav Mishra etc. and the public present in the market. The motive behind the crime is also mentioned in the FIR which was animosity and hostility on account of last election of Block Pramukh. The informant has also mentioned that he can identify the accused person.

3. A criminal case was registered on the basis of above written report at Crime No. 70 of 1996 under Sections 147, 148, 302, 307/149 against Gajraj Singh, Alam Singh and 4-5 unknown persons. The inquest on the dead bodies of three deceased persons Kailash Dubey, Bankey Lal Tiwari and Raj Kumar was conducted on 24.1.1996 at 10: 30 a.m. and post mortem was conducted on 25.1.1996 at district hospital.

4. After due investigation, charge-sheet was submitted against accused persons Gajraj Singh, Alam Singh, Guddu alias Abhishek, Rajesh Dubey and Prem Singh alias Munna Bajrangi, (accused respondent in the present appeal). As accused Prem Singh alias Munna Bajrangi was found absconding, charge-sheet against him was submitted by the police in 'Mafroori'. Due to continuance absence of accused Prem Singh alias Munna Bajrangi his file was separated from rest of the accused persons and he was tried separately vide Session Trial No. 340-A/1998 for the offences under sections 148,302, 307 r/w 149 and 120-B of IPC. The accused denied from the charges framed against him in the aforesaid sections and claimed to be tried.

5. The record shows that the prosecution in order to prove its case has produced 13 witnesses in all. The following is the list of material witnesses P.W.1 is Sabha Shankar alias Lalta Prasad Dubey, P.W.-2 informant Manoj Kumar Singh, P.W.-3 is Samar Nath, P.W.-4 is Gappu alias Karmendra, P.W.-6 is Ram Ashrey, P.W.-8 is Km. Renu all