The main legal point established in the judgment is that the evidence presented by the prosecution must be credible and reliable to prove the guilt of the accused beyond a reasonable doubt.

SURESH KUMAR GUPTA, J.

1. By this criminal appeal under Section 374 (2) Cr.P.C., the accused-appellant challenges the impugned judgment and order dated 22.11.2008 passed by Special Judge, Essential Commodities Act, Farrukhabad in S.T. No. 339/1994 (State Vs. Wazid Ali and others) convicting the appellants-accused, Wasid Ali and Munna under Section 302/34 and awarded sentence of life imprisonment and fine of Rs. 10,000/- each and in default of payment of fine, five years additional simple imprisonment. The appellants were also convicted under Section 201/34 I.P.C. and awarded sentence of 7 years rigorous imprisonment and fine of Rs. 3,000/- and in default punishment of two years. All the sentences shall run concurrently.

2. Learned sessions court acquitted the accused, Shamshul and Nawab. Record shows that no State Appeal against acquittal has been filed by prosecution.

3. The prosecution version unfolded by complainant Akhtar Ali (P.W.1) succinctly is that on fateful day i.e. on 2.4.1994 when he was cloaking tobacco in his field then at 4:00 p.m. his son- -in law-Tahsin was returning to his town Noorpur Gadhai from the township Kampil. When his son-in-law reached near the filed of Ishrar Ali then he saw that accused Wasid Ali, Shamshul, Nawab and Munna, who was already hiding in tobacco field armed with sickle, Shamshul and Nawab was also armed with gun suddenly assaulted Tahsin with the intention to kill him and consequently Tahsin's head was severed from body through sickle and Tahsin died immediately. Afterward the dead body of his son-in-law was burnt with 'patai' and his head was thrown into the north side of the field. When he heard the sound of the noise he shouted and ran to save him but accused started firing with intention to kill him so he could not go near the body due to fear. After listening loud noise people started coming from the village then all the accused fired and fled away toward 'katri'. Half burnt body of Tahsin was lying on spot.

4. On the basis of written report (Tahriri) of Akhtar Ali Ex. Ka-1. an F.I.R. has been lodged upon all the accused persons under Sections 302/307 I.P.C. at 17:10 on the same day in the P.S.- Kampil, Sub District-Kayamganj, District- Farrukhabad.

5. After lodging of F.I.R. Investigating Officer reached the spot and started investigation and collected blood stain earth and plain earth from the spot. Panchnama was also drawn. The Investigating Officer also prepared police papers and prepared the map of place of occurrence and then sent the dead body for post-mortem examination. During Investigation I.O. also recovered two blood stained sickle from spot.

6. All the named accused in the F.I.R. were arrested on 19.4.1994. After completion of the investigation charge-sheet filed under Section 302/307 I.P.C. against accused, Wasid, Munna, Shamshul and Nawab.

7. After committal of the case before sessions court, sessions court framed charge under Section 302/34, 201/34 I.P.C. against all the accused. Accused does not plead guilty and claimed to be tried.

8. To prove the charge against the appellants the prosecution examined about three witnesses :

1	Deposition of Akhtar Ali	19.12.1998	P.W.1
2	Deposition of Dr. B.L. Katiyar	17.3.2001	P.W.2
3	Deposition of Kaushal Kishore Yadav	29.4.2008	P.W.3

9. So as to support and see that the charge framed by Special Judge E.C. Act culminated into conviction of Wasid Ali and Munna, the prosecution even produced and proved the contents of the following documents.

1	F.I.R.	02/04/94	Ex. Ka19
2	Written Report	02/04/94	Ex. Ka1
3	Recovery memo of blood stained on plain earth	02/04/94	Ex.Ka.8
4	Recovery memo of blood stained on sickle	02/04/94	Ex.Ka.9
5	Post Mortem Report	03/04/94	Ex.Ka.2
6	Report of Forensic Science Laboratory	-	Ex.Ka.13
7	Pan