Point of Law:
It is well settled that interested evidence is not necessarily unreliable evidence. Even partisanship by itself is not a valid ground for discrediting or rejecting sworn testimony. Nor can it be laid down as an invariable rule that interested evidence can never form the basis of conviction unless corroborated to a material extent in material particulars by independent evidence. All that is necessary is that the evidence of interested witnesses should be subjected to careful scrutiny and accepted with caution. If on such scrutiny, the interested testimony is found to be intrinsically reliable or inherently probable, it may, by itself, be sufficient, in the circumstances of the particular case, to base a conviction thereon.

JUDGMENT :

1. Heard Sri Rajrshi Gupta assisted by Sri Manish Kumar and Ms. Shambhavi Gupta learned Advocates for the appellants, Sri L.D. Rajbhar and Sri Prem Shankar Mishra learned A.G.A.(s) for the State.

2. This appeal is directed against the judgment and order dated 19.2.2011 passed by the Special Judge Dacoity Prohibition Area, Jhansi in Sessions Trial No.53 of 1998 arising out of Case Crime no.42 of 1998 under Sections 147, 148, 396 read with Sections 149 and 412 IPC, as also in the Sessions Trial No.46 of 1998 arising out of Case crime nos.52 and 53 of 98 under Section 25 Arms Act, P.S-Punchh, District Jhansi.

3. The appellants herein (7 in number) have been sentenced for life imprisonment for the offence under Section 396 taking aid of Section 149 IPC along with Rs.3000/-as fine. In case of default in payment of fine, the appellants have to undergo six months of additional rigorous imprisonment. They have also been sentenced for three years simple imprisonment for the offence under Section 148 IPC. Four appellants Ratan Lal, Khadak Singh, Jitendra Kumar and Dinesh Kumar have been sentenced for life imprisonment alongwith fine of Rs.2000/-for the offence under Section 412 I.P.C. In case of default in payment of fine, they have to undergo additional six months of rigorous imprisonment. Appellants Ratan Lal and Khadak Singh have been sentenced for three years imprisonment along with fine of Rs.2000/- under Section 25 Arms Act and in case of default in payment of fine they have to undergo three months additional imprisonment. All the punishments are to run concurrently.

4. The prosecution story starts with the written report dated 14.3.1998 given by Jitendra Singh s/o Surendra Pal Singh resident of Gram Fatehpur, P.S-Punchh, District-Jhansi wherein it is averred that on 14.3.1998 at about 5.30 p.m, first informant alongwith his maternal grand father Sri Indrabhan Singh and Kishore Singh s/o Ramdas, Veerpal Singh s/o Jai Karan Singh, Rampal Singh s/o Veer Singh, Kushal Pal Singh s/o Jagdish Singh went to P.S Punch District Jhansi to register a First Information report lodged by Kishore Singh and to get release of the licencee rifle/revolver and gun of Indra Bhan Singh deposited in the Police Station during elections.

5. After lodging of the report and getting release of the rifle, they all were coming back to the village on a tractor No.UP 85 A 0902. When they reached on a puliya about 9 kms away from the village, all of them had seen the accused persons standing on their way. Ratan Lal and Dinesh sons of Karore were carrying guns in their hands, Narendra was having farsa, Jitendra was with Kulhari, Murat s/o Dinesh was carring country made pistol in his hand, Karan Singh was carrying farsa and Ram Khilawan was having lathi whereas Khadak Singh had gun in his hand. They stopped the tractor and while using abusive language, they told “you …. went to the police station to lodge report against us. The court will give its verdict later but we would give your verdict today, just now.” Then Ratan lal opened fire upon Indrabhan Singh with an intention to kill him, other accused persons started hitting and cutting Indrabhan Singh through farsa and kulhari while yelling at deceased that “this .… became leader” and all others had fired from the country made pistol and guns on him. Resultantly, Indrabhan Singh died on the spot and Kishore Singh and Kushal Pal Singh got injured.

6. It was further stated that the accused persons keeping the dead body of his grand father in the trolly took away the tractor and trolley to Kashipura mod, leaving the trolley with dead body there, they took away the tractor towards the river. This incident occurred at about 9.00 p.m and they all witnessed it in the torch light and the light of the tractor. They all recognized the assailants being the accused persons named in the F.I.R. It was also averred that the licencee revolver and gun of Indrabhan Singh, maternal grand father of first informant, was also loot