The court reiterated the importance of scrutinizing testimony from interested witnesses, considering the relevance of motive in establishing guilt, and disregarding minor discrepancies in witness testimony if they do not affect the core of the prosecution's case.

JUDGMENT :

Shiv Shanker Prasad, J.

1. This appeal has been preferred by appellants, Ram Charan and Baldev against the judgment and order dated 16th September, 1978 passed by the Sessions Judge, Jhansi in Sessions Trial No. 182 of 1977 State Vs. Zalim and Others), under Sections 302/34 I.P.C. 323/325 I.P.C. read with Section 34 I.P.C. and Section 452 I.P.C., Police Station-Mau, District-Jhansi, whereby all the accused-appellants have been convicted and sentenced to undergo (i) imprisonment for life under Section 302/34 I.P.C. for each of the two murders of Khuman and Halku; (ii) rigorous imprisonment for a period of two years under Section 452 I.P.C., (iii) imprisonment for a period of one year under Section 325/34 I.P.C., and (iv) imprisonment for six months under Section 323 I.P.C. with the observation that all the sentences were to run concurrently.

2. We have heard Mr. Ran Vijay Singh, Advocate and Ms. Katyayani, Advocate, who was earlier appointed as Amicus Curiae on behalf of the appellants and Mr. Arunendra Singh, learned A.G.A. for the State as also perused the entire materials available on record.

3. The prosecution story, as reflected from the records, is as follows :

The deceased, namely, Halku and Khuman were real brothers and were father and uncle of the informant/P.W.-2 Lakhan and they used to do cultivation in village Baragaon. The accused persons, namely, Zalim, Baldua and Ram Charan belong to the same village and their fields were also adjacent to field of Khuman. On 30th September, 1977 at about 10:00 a.m., the accused Khuman, his nephew Lakhan and niece Panna went their fields. Panna started to cut grass from the Mendh. At about 11:00 a.m. on the same day i.e. 30th September, 1977, the accused Zalim and the wives of the accused Baldua and Ram Charan also came there and started to cut grass from the filed of Khuman. Khuman objected them not to cut grass from his field on which all the women started a row and told him that they were cutting grass from their own fields. They started to abuse Panna, thereupon Khuman objected and asked the women of the house of the accused to go from there. The aforesaid women, thereafter, went away towards the village but at about 01:00 p.m. on the same day i.e. 30th September, 1977, the accused came to the field of Khuman and out of them, the accused Zalim having Pharsa, accused Baldua having Axe (Kulhari) and accused Ram Charan having Lathi asked the deceased Khuman as to why they forbidden the women of their house to cut grass, while they were cutting the same from their own field. The accused persons also started abusing Khuman on which Khuman said that they were cutting grass from his field that is why he objected. Thereupon, the accused attacked Khuman due to which he sustained injuries. Then Lakhan, Panna and Ghasiram tried to save Khuman, they were also beaten by the accused persons and thereafter they ran way towards the village. Because of the said assault, Lakhan, Panna and Ghasiram also sustained injuries. Due to injuries caused by the accused persons, Khuman died on the spot. Thereafter, the accused persons at about 02:00 p.m. reached the house of Halku and at that time, Halku along with ladies of his house was sitting at the entrance of his house. The accused persons entered into entrance and started to beat Halku badly. Thereafter the accused persons dragged Halku to the entrance and took him to a place near the house of Daasau, where they again beat him. Hearing the alarm raised by Halku, witnesses/villagers reached the said place of occurrence. On seeing the said witnesses, the accused persons ran away. As Halku did not die, he was taken by Lakhan along with Panna and Ghasiram to the Police Station but he died on the way of Police Station. Thereafter, Lakhan lodged a report, resultantly, a case was registered. On registration of the said case, the injured were sent for medical examination and investigation was commenced. Panchayatnama (inquest report) of the dead body