The need for reliable witness testimonies and corroborating evidence, especially in the absence of independent witnesses, to establish charges beyond reasonable doubt.

JUDGMENT :

Subhash Chandra Sharma, J.

1. Heard Sri Jitendra Singh, learned counsel for appellant Kripa Shankar Dubey, Sri Manvendra Singh, learned Advocate for the appellant Uma Shankar Dubey and Sri Rupak Chubey, learned A.G.A. for State and perused the record.

2. These appeals emanate from the judgment and order dated 18.02.2009 passed by Additional Session Judge/Special J. E.C. Act, Fatehpur in S.T. No.169 of 2006 (State vs. Kripa Shanker Dubey and another) arising out of Case Crime No.213 of 2005, under Section 302 read with Section 34 I.P.C. sentencing the appellants with life imprisonment and fine of Rs.10,000/-and in default of payment of fine to undergo additional one year rigorous imprisonment by each and in S.T. No.170 of 2006 (State vs. Kripa Shanker Dubey) arising out of Crime No.218 of 2005, under Section 25 Arms Act, Police Station Lalauli, District Fatehpur whereby the appellant Kripa Shanker Dubey has been sentenced with two years rigorous imprisonment with fine of Rs.1000/-and in default of payment of fine to undergo additional six months rigorous imprisonment.

3. The prosecution case in brief is that on 22.12.2005 at about 8:00 P.M. an F.I.R. was lodged at the Police Station Lalauli, District Fatehpur by the informant Suresh Kumar S/o Ramasrey resident of Kichaucha, Police Station Lalauli, District Fatehpur by filing a written report stating therein that on 22.12.2005 at about 6:00 P.M. his elder brother Umesh @ Pappu aged about 27 years went to the hand pump to fetch water and as he (deceased) reached near the hand pump Kripa Shanker Dubey S/o Ram Vishal and his brother Uma Shanker Dubey residents of the same village equipped with country-made pistol came with the intention of committing murder and shot fire at him (deceased) causing injuries in his stomach, as a result it he died and accused persons fled away towards the field. The incident was witnessed by his bua (aunt) Maun Shree and Surajpal.

4. The investigation of the case was handed over to S.H.O. Manoj Kumar Pandey who after receiving the information went to the place of occurrence alongwith other officials and conducted the inquest of the dead body of deceased Umesh @ Pappu and prepared the inquest report and other relevant papers required for the purposes of post-mortem. The dead body was sealed and handed over to constable Baburam and Devmani who took it to the Mortuary District Hospital, Fatehpur.

5. The post-mortem was conducted on 23.12.2005 at 3:30 P.M. by Dr. A.S. Khan who found the dead body in sealed cloth intact which tallied the sample seal. The external condition of the dead body as described therein is as under :

Average built body. Rigor mortis present.

Antemortem Injuries

1. Fire arm wound of entry 2 cm x 2 cm x cavity deep in right side of the abdomen 15 cm outer to umbilicus at 9 O'clock position. Blackening present around the wound. Intestines were protruded out from wound.

2. Contusion of 6 cm x 3 cm in right side of the abdomen 20 cm below the right nipple.

3. A mattelic bullet recovered from left side of pelvic muscles which was sealed in an envelop and sent to S.P., Fatehpur through C.M.S.

Cause of death was mentioned as shock and hemorrhage as a result of antemortem fire arm injury

6. During investigation, the statement of informant Suresh Kumar was recorded and after making spot inspection at the instance of the informant, site plan was prepared by the I.O. On 25.12.2005, accused persons Kripa Shanker Dubey and Uma Shanker Dubey were arrested near the bus stand. A country-made pistol of 315 bore and one cartridge, from the pocket of the accused and another cartridge from the chamber of the country-made pistol were recovered from the possession of accused Kripa Shanker Dubey. Recovery memo was prepared and a separate case because of the recovery of the country-made pistol and cartridge was registered u/s 25 Arms Act as Crime No.218 of 2005 at the police station, investigation of which was handed over to S.I. Ram Chandra Mishra. Further th