The main legal point established in the judgment is the court's reliance on the satisfactory explanation for the delay in lodging the FIR, the establishment of motive against the accused appellants, and the credibility of witnesses in upholding the conviction and sentence of the accused appellant Jogendra under Section 302/34 IPC.

JUDGMENT :

Om Prakash-VII, J.

1. Present Criminal Appeal has been preferred by accused Chander and Jogender against judgment and order dated 17.5.1984 passed by IIIrd Additional District and Sessions Judge, Bulandshahr in Session Trial No. 154 of 1984 (State of U.P. Vs. Chander and another), under Section 302/34 I.P.C., Police Station Kakore, District Bulandshahr, convicting and sentencing accused appellants for the offence under Section 302/34 IPC for life imprisonment.

2. Prosecution case, as mentioned in chik first information report (FIR) (Ext. Ka-1), are as follows :

3. Case of prosecution, as unfolded in the written report (Ext. Ka-1) and in statements of prosecution witnesses, is that in the intervening night of 14/15.12.1983 at about mid night deceased Vijai Pal and his mother Smt. Jai Dei (PW-1) were going to irrigate their field situated in the jungle of village Hirnoti from Government tube well. Smt Jai Dei was carrying a torch with her and when deceased Vijai Pal and his mother Smt. Jai Dei reached at the corner of field of Ved Ram Singh (PW-3) near bonga accused persons Chander and Jogender came from opposite direction. Accused Chander was carrying a country made pistol and Jogender was carrying a Pharsa. Both accused persons had old enmity with deceased Vijai Pal and as such they apprehended Vijai Pal. Smt. Jai Dei and Vijai Pal raised alarm. Thereupon accused Chander fired a shot at Vijai Pal by placing the country made pistol at his temple. Accused Jogender assaulted Vijai Pal with Pharsa. After sustaining injuries Vijai Pal fell down on the ground. Thereupon accused Jogender again fired a shot in the waist of deceased to ensure his death. Smt. Jai Dei recognized aforesaid accused persons in the moon lit night and in the flashes of torches. After committing the ghastly murder of Vijai Pal both accused escaped towards service road. On hearing gun shot and alarm, Satpal Singh, Pradhan of village and Ved Ram Singh, who were coming from the Railway Station Wair through service road, challenged the accused persons from the field of Har Sarup. Accused persons also threatened Sat Pal Singh and Ved Ram Singh and escaped towards east. Sat Pal Singh and Ved Ram Singh also saw and recognized accused persons in the moonlit night while fleeing away from the spot after committing murder of Vijai Pal. Before three years of aforesaid occurrence an electric motor was taken away by some persons from the tube well of Ram Prasad (father of accused) and he lodged a report in connection of theft of said motor naming deceased Vijai Pal but police submitted Final Report in the said case and as such both accused persons had enmity against deceased Vijai Pal and they committed his murder in revenge.

4. On the basis of written report (Ext. Ka-1), chik FIR (Ext. Ka-2) was registered on 15.12.1983 at 8.50 P.M. against accused persons at crime no. 191 of 1983 under Section 302 IPC. On the basis of chik FIR G.D. entry was also made which is (Ext. Ka-3) on record. It also appears that Investigating Officer (hereinafter referred to as the 'I.O.') Naubat Lal, the then S.H.O. of Police Station concerned after fulfilling formalities and recording statement of Head Moharrir and informant P.W.-1 at the Police Station concerned proceeded to place of occurrence. After visiting place of occurrence and inspecting dead body of deceased inquest report (Ext. Ka-4) and relevant documents photo lash, report to C.M.O., report to R.I., challan nash (Ext. Ka-4 to Ext. Ka-8) were prepared by him. Dead body was kept in sealed cover and was dispatched for post mortem along with Constable Bhagwat Prasad and Chandrapal. He has also visited place of occurrence and prepared site plan (Ext. Ka-9) mentioning all details of place of occurrence. Investigating Officer has also taken torch used by informant, P.W.-1, at the time of occurrence and prepared memo (Ext. Ka-10) and handed over torch to witness concerned. “Tickley” and “Chharra” recovered from the place of occurrence