The main legal point established in the judgment is that the prosecution must prove the guilt of the accused beyond a reasonable doubt, and the delay in lodging the FIR, lack of motive, and unreliable evidence can lead to the acquittal of the accused.

Mrs. Ranjana Pandya, J.

This appeal has been filed by the appellant accused against the Judgment dated 10.1.1983 passed by Sessions Judge, Fatehpur in Sessions Trial No. 115 of 1982, State Vs. Roshan Singh and three others whereby he convicted the accused persons, namely, Purai, Roshan Singh, Ram Sumer @ Jabar and Ram Autar under Section 302 read with Section 34 I.P.C. and sentenced all of them to undergo life imprisonment.

2. Appellant Ram Sumer @ Jabar Singh died during the pendency of appeal, hence, his appeal was abated, vide order dated 23.3.2012 passed by the Court.

3. The prosecution story in nutshell is that about six or seven months prior to the unfortunate incident, the brother of Ganga Din was got murdered by Ram Sumer @ Jabar Singh who kept Ganga Din's widow as his mistress. Thereafter, accused Roshan Lal and his relative Ramesh got some land of Ganga Din transferred in their name by Ganga Din's widow. The complainant Durga, brother of the deceased filed an objection in the mutation court due to which accused were having inimical terms with him, and as such, Durga being frightened with said enmity used to not sleep at his own house. On the fateful day, i.e., 8.1.1982, the complainant Durga had gone to the house of Ram Pyari, who was residing the in the same locality some houses away from his own house where he was warming his hands. Suddenly, he heard and observed that somebody was axing the doors of his house. He also heard gun shots and shrieks of his sister Bodhni (deceased) and wife Raj Kali (P.W. 4). He rushed toward his house and Bachchoo Singh, Ram Singh and others, who were armed with lathis and torches and Raja Singh and Bachchu Singh, who was having torches in his hand, reached near his house and raised alarm. Meanwhile, Bodhan Teli, who was living opposite the house of the complainant, fired three shots from his house. At this the accused persons fled away from the house of the complainant. Accused Roshan and Ram Sumer @ Jabar Singh were armed with country made pistols whereas Ram Autar was armed with an axe and Purai was armed with gun. The complainant along with the other witnesses recognized all the accused persons in the moon-light and in the light of torches. Thereafter, the complainant along with the witnesses entered into his house and found his sister Bodhni lying dead in the thatch 'Chhappar'. His wife Raj Kali (P.W. 4) narrated him that all the four accused, after axing the door, entered into the house and inquired about Durga, and when complainant's wife told that Durga was not in the house, they thought that Durga was running away in disguise. Meanwhile deceased Bodhni caught hold of Ram Sumer @ Jabar Singh tightly, upon which accused Purai fired on the deceased Bodhni, who fell down dead.

4. A written report of the occurrence was lodged on 9.1.1982 at 11 a.m. by Durga (P.W. 2) at police station Sultanpurghosh, which was 17 kolo meters north to the place of the incident. This case was registered at Crime No. 5 of 1982. The investigation was conducted by the Investigating Officer, who prepared the memo of wooden pieces of the door as Ext. Ka-6; memo of blood-stained earth and ordinary earth as Ext. Ka-7; memo of lantern as Ext. Ka-8; and memo of torch as Ext. Ka-9. Since the formal proof of these papers was dispensed with by the defence. P.W. 3 R.K. Mishra proved the chik report (Ext. Ka-3) and copy of G.D. (Ext. Ka-4). On 10.1.1982 at about 12.30 p.m. Dr. Swatantra Singh (P.W.1) conducted autopsy upon the dead body of Bodhni and proved the post mortem report as Ext. Ka-1. P.W. 1- Dr. Swatantra Singh found that the deceased was an average built lady of about 50 years of age. Eyes were closed. Rigoros mortis was present in both the lower limbs and passed off from the upper limbs. Dr. Swatantra Singh found the following ante-mortem injuries on the person of the deceased.

1.Gun shot wound of entry 2½" x 1½ x thorasio cavity deep. Margins inverted and muscle coming out with blackening and tatto