Point of Law - If the court finds the evidence adduced worthy of being relied on then the testimony has to be accepted and acted on. There may be other witnesses available who could also have been examined but were not examined. Another aspect which is required to be seen whether such witness or witnesses are only competent witnesses who could have been fully capable of explaining correctly factual situation.

JUDGMENT :

RAMESH SINHA, J.

(A) INTRODUCTION

1. Eleven accused persons, namely Babu Pasi alias Babu Lal Pasi, Ringu Pasi, Ramesh, Madan Lal, Ram Swaroop, Ganga Sewak, Neta alias Kunni, Chandra Kishore, Lalaunoo, Ram Rup, Ram Chandra, were tried by the VI Additional Sessions Judge, Unnao in Sessions Trial No. 210 of 1981, State vs. Babu Lal and Others.

2. It is pertinent to mention here that during the trial, accused Babu Lal Master died, whereas accused Vinod Kumar and Babu Lal Dom were absconding, hence their trial was separated from aforesaid eleven accused persons and the trial Court had charged accused Ringu Pasi and Babu Lal Pasi under Sections 302 read with Section 34 I.P.C. for committing murder of Shiv Balak and Ram Balak and under Section 404 I.P.C. for having taken arms from the deceased persons and accused Ramesh, Madan Lal, Ram Swaroop, Ganga Sewak, Neta alias Kunni, Chandra Kishore, Lalaunoo, Ram Roop and Ram Chandra were charged under Sections 201, 148, 302 read with Section 34 I.P.C. and Section 302 I.P.C. read with Section 114 I.P.C.

3. Vide judgment and order dated 17.07.1982, the VI Additional Sessions Judge, Unnao, acquitted nine accused persons, namely Ramesh, Madan Lal, Ram Swaroop, Ganga Sewak, Neta alias Kunni, Chandra Kishor, Lalaunoo, Ram Roop, Ram Chandra and convicted two accused persons, namely, Babu Pasi alias Babu Lal Pasi (appellant no. 1 herein), Ringu Pasi (appellant no. 2 herein) under Section 302 read with Section 34 I.P.C. and Section 404 I.P.C. and sentenced them in the manner as stated hereinafter:

“(i) Under section 302 read with Section 34 I.P.C. to undergo imprisonment for life.

(ii) Under Section 404 I.P.C. to undergo one year’s R.I.”

Both the sentences were directed to run concurrently.

4. Feeling aggrieved by their conviction and sentence above vide judgment and order dated 17.07.1982, Babu Pasi alias Babu Lal Pasi (appellant no. 1 herein ) and Ringu Pasi (appellant no. 2 herein) have preferred the instant criminal appeal under Section 374 (2) of the Code of Criminal Procedure.

5. It is pertinent to mention here that no appeal against the acquittal of nine accused persons, namely, Ramesh, Madan Lal, Ram Swaroop, Ganga Sewak, Neta alias Kunni, Chandra Kishor, Lalaunoo, Ram Roop, Ram Chandra, has been filed either by the State or by the complainant’s side.

6. It transpires from the record that during pendency of the instant appeal, appellant no. 1-Babu Pasi alias Babu Lal Pasi died on 12.07.2015, hence the instant criminal appeal filed on his behalf stands abated vide order dated 07.02.2019. Now the instant criminal appeal survives only in respect of appellant no. 2-Ringu Pasi.

(B) FACTS

7. Shorn off unnecessary details, the case of the prosecution is as under:

Gaya Prasad Singh (informant), son of Sheo Darshan Singh Kachi, who is the resident of village Hamirpur, Police Station Bihar, District Unnao, has lodged an F.I.R. alleging therein that in the year 1979, Chandrika Pasi of his village was murdered, in which his son Ram Balak (deceased), his nephew Raj Narayan son of Suryawali Kachi, Dinesh Chandra (injured) and Harish Chandra alias Kunne, sons of Udai Shanker Shukla, resident of village Bhagwant Nagar, Police Station Bihar, were challaned and in this case, on 30.09.1980, they were required to be present in Court. On that date i.e. on 30.09.1980, his another civil case was listed in Civil Court.

On 30.09.1980, his son Ram Balak (deceased), Shiv Balak (deceased) and his brother Vishnu Dutt came to kachahari (Court) for doing pairvi in both the cases. On the said date, the relatives of Chandrika Pasi and his companions, namely Babu Lal Pasi Master, Ringu Pasi, Babu Pasi (accused), residents of Village Osiya, Police Station Bighapur, were also gone along with other 2-3 friends to kachahari (court) for doing pairvi of the case of Chandrika.

In the Court, some hot talk took place between his sons and Babu Lal Master etc. Thereafter, Babu Lal said that ^^[kwu dk cnyk [kwu ls pqdk;k tk;sxk** [blood woul