The admissibility of the appellant's statement under Section 27 of the Indian Evidence Act, the significance of eye-witness accounts, and the principle of benefit of doubt for co-accused persons.

JUDGMENT :

Saroj Yadav, J.

1. Criminal Appeal No. 437 of 2017 has been preferred by the convict/appellant Lal Bahadur Patel, Criminal Appeal No. 657 of 2017 has been preferred by the complainant-Lal Singh Patel and Government Appeal No. 1000163 of 2017 has been preferred by State-appellant against the judgment and order passed by Additional Sessions Judge/Fast Track Court, Pratapgarh in Sessions Trial No. 26 of 2014 (State Versus Lal Bahadur Patel and others) arising out of Case Crime No. 62 of 2013, under Sections 302/34, 120-B and 506 of the Indian Penal Code, 1860 (in short "I.P.C"), Police Station Manikpur, District Pratapgarh, wherein trial Court convicted the appellant Lal Bahadur Patel, under Sections 302 IPC and acquitted co-accused Vimal Kumar Patel and Smt. Ramkali, under Sections 120-B and 506 IPC.

2. Necessary facts for disposal of these appeals in short are as under:-

A First Information Report (in short F.I.R.) was registered at Case Crime No. 63 of 2013, under Sections 302, 120-B and 506 IPC at Police Station Manikpur, District Pratapgarh on 17.07.2013, on the basis of written report submitted by the complainant Lal Singh Patel. It was narrated in the written report that the father of the complainant was employed in Indian Railways at the post of Class IV. He died during his employment. His elder brother namely Lal Bahadur Patel had developed animosity towards his mother for division of money on the behest of his in-laws. Before two days of incident Ram Kali (mother-in-law) came to his house and threatened to kill his (complainant's) mother. On 17.07.2013 at about 10 A.M., when his mother, sister-in-law Rekha Devi and sister Anita went to spread manure in the agricultural field, Lal Bahadur Patel and his brother-in-law Vimal Kumar Patel reached there. Lal Bahadur Patel was armed with Axe and he on exhortation of Vimal Kumar Patel assaulted his mother on her head. His sister-in-law and sister raised alarm, then the complainant reached at the spot and found her mother ensanguined (Lahuluhaan). He carried his mother to the Government Hospital, Kunda by Government Ambulance (108) but due to severe injury, she was referred to Swaroop Rani Hospital, Allahabad, where she died during the course of treatment. The complainant reached at the Police Station and lodged the F.I.R.

3. After investigation charge-sheet was submitted against the convict/appellant Lal Bahadur Patel and Vimal Kumar Patel, under Sections 302 and 506 IPC and against Ramkali under Sections 302, 120-B and 506 IPC. The Magistrate concerned took cognizance of the offence and committed the case for trial to the Sessions Court. The Sessions Court framed the charges against Lal Bahadur Patel and Vimal Kumar Patel under Section 302 read with Section 34 IPC and against Ramkali under Sections 120-B and 506 IPC. All the accused persons denied the charges and claimed to be tried.

4. In order to prove its case the prosecution examined following witnesses:-

(i) P.W. 1- Lal Singh Patel, the complainant;

(ii) P.W. 2-Anita Devi, the daughter of the deceased;

(iii) P.W. 3-Dr. Shailendra Kumar, who conducted autopsy of the deceased;

(iv) P.W. 4- Constable Chandra Mauli Sharma;

(v) P.W. 5-Mohammad Hashim-In-charge Inspector;

(vi) P.W. 6- Balram Mishra- In-charge Inspector.

Apart from above witnesses, relevant documents have also been proved by the prosecution, which are as under:-

(i) Exhibit Ka-1-Written report;

(ii) Exhibit Ka-2- Post-mortem-examination report;

(iii) Exhibit Ka-3- Chik F.I.R.;

(iv) Exhibit Ka-4-Carbon copy of General Diary (G.D.);

(v) Exhibit Ka-5- Site-plan;

(vi) Exhibit Ka-6-Recovery Memo of blood soaked and plain soil from the spot;

(vii) Exhibit Ka-7-Recovery memo of broken bangles found at the spot;

(viii) Exhibit Ka-8-Carbon copy of entry in G.D. of taking the accused Lal Bahadur Patel on police custody remand;

(ix) Exhibit Ka-9-Carbon copy of G.D. of recording statement of the accused Lal Bahadur Patel in police custody;

(x) Exhibit Ka-10-Recovery memo of weapon of