Point of law: It is a settled legal proposition that, while appreciating the evidence of a witness, minor discrepancies on trivial matters, which do not affect the core of the case of the prosecution, must not prompt the court to reject the evidence thus provided, in its entirety. The irrelevant details which do not in any way corrode the credibility of a witness, cannot be labelled as omissions or contradictions. Therefore, the courts must be cautious and very particular in their exercise of appreciating evidence. The approach to be adopted is, if the evidence of a witness is read in its entirety, and the same appears to have in it, a ring of truth, then it may become necessary for the court to scrutinise the evidence more particularly, keeping in mind the deficiencies, drawbacks and infirmities pointed out in the said evidence as a whole, and evaluate them separately, to determine whether the same are completely against the nature of the evidence provided by the witnesses, and whether the validity of such evidence is shaken by virtue of such evaluation, rendering it unworthy of belief

JUDGMENT :

Dinesh Kumar Singh, J.

This criminal revision under Section 397/401 CrPC has been filed against the judgment and order dated 16th December, 2006 passed by the Additional Sessions Judge/Special Judge (E.C. Act), Unnao in Sessions Trial No.156 of 2004 by means of which the learned Sessions Judge has acquitted the accused-respondent nos. 2 to 8 (Rajjan Singh, Guddu Singh, Raj Kumar Singh, Uttam Singh, Udham Singh, Madal Singh and Parashuram Singh) of the charges under Sections 147, 148, 302 read with Sections 149 and 201 IPC and the accused-respondent, Bhola Singh of the charge under Section 120-B IPC.

2. An FIR at Case Crime No. 501 of 2003 was registered under Sections 147, 148, 302, 201 and 120-B IPC At Police Station Hasanganj, District Unnao against eight accused on a written complaint of Rameshwar Singh, son of Late Guru Prasad Singh (PW-2). The allegations in the complaint were that the complainant was resident of Village Tala Sarai, District Unnao and when the incident took place, he was living at Village Jawan, Police Station Auras, District Unnao. On 26.10.2003, he along with his brother-in-law Ahibaran Singh came to village Jawan to meet his brothers on the occasion of "Diwali". His brother Girish Singh and his brother-in-law Ahibaran Singh, niece Ranjana Singh, daughter of Girish Singh were sitting on the Courtyard of his house and talking to each other. The lamps were burning on the occasion of "Diwali". At around 7:00 hours, the accused Rajjan Singh and Guddu Singh, sons of Jairam Singh, Raj Kumar Singh, Uttam Singh and Udham Singh sons of Pooran Singh, Madal Singh, son of Mahraj Singh, Parashuram Singh, son of Narpat Singh armed with Axe, Farsa and knife came there. They dragged out Girish Singh, brother of the complainant, and they chopped off his neck on a piece of wood in front of house of Sunder Pasi. Thereafter, the accused captured Hardayal Singh, another brother of the complainant, who was sitting in front of house of Nanhke Pasi, and throttled him. It was said that the informant, his brother-in-law Ahibaran Singh and niece Ranjana Singh raised alarm and cried, but nobody came forward for help in the village. After killing two brothers, the accused took away their dead bodies. Despite making search, the dead bodies could not be recovered. It was further alleged that the accused killed two brothers of the complainant because Badake Singh, son of Jairam Singh was killed 17-18 years back in which the complainant and his brother Girish Singh, and two other persons belonging to Pasi Caste of the village were accused. It was also said that at present there was no enmity among them. It was also said that the accused persons have killed his two brothers by deceiving them. It was also said that accused Bhola Singh, son of Shanker was also involved in the incident. The complainant could reach the police hiding himself from the accused on next day and did not come in the night, fearing danger to his life from the accused.

3. The police, after investigating the offence, filed charge-sheet under Sections 147, 148, 302, 201 and 120-B IPC.

4. The inquest of dead bodies of Girish Singh and Hardayal Singh was conducted from 15.05 hours to 18.10 hours. Postmortem examination of dead body of Hardayal was conducted on 28.10.203 at 4:00 hours and of dead body of Girish Singh was conducted on the same day at 3.30 hours. The dead-bodies of Girish Singh and Hardayal Singh were buried under the ground by the accused after their murder.

5. On 29.10.2003, the accused Raj Kumar, Udham, Parashuram and Uttam were arrested, and on their pointing out Farsa and Axe were recovered. On 14.11.2003, accused Rajjan Singh, Madal Singh and Guddu Singh were arrested. On pointing out of accused Rajjan Singh one Axe, on pointing out of Guddu Singh one Axe and on pointing out to Madal Singh one Axe were recovered.

6. The case was committed to the Court of Session by the learned Chief Judicial Magistrate. Vide order dated 21st April, 2004, the char