The need for cautious scrutiny of witness testimonies, especially when they are from interested parties, and the significance of explaining injuries sustained by the accused in determining the credibility of the prosecution's case.

JUDGMENT :

1. Accused appellant Suresh has been convicted under Section 302 IPC and sentenced to rigorous life imprisonment alongwith fine of Rs.1000/- and on failure to pay the fine to undergo six months additional imprisonment; while his two brothers Hansu and Rakesh who were charged under Section 302/34 IPC have been acquitted vide a composite judgment and order of the Additional Sessions Judge (Fast Track Court No. 4), Firozabad, dated 21.6.2002 and 22.6.2002. Thus aggrieved the accused appellant Suresh is before this Court in the present appeal filed under Section 374 of the Code of Criminal Procedure. No appeal is preferred by the State against the acquittal of the two co-accused Hansu and Rakesh, who are the real brothers of accused appellant Suresh.

2. A written report was given by the first informant Harish Kumar Fanda (PW-1) stating that the accused appellant at about 10.30 in the morning came to his shop to purchase Tobacco for Rs. 2.00. The informant refused to accept the tender as the Two Rupee Note offered was torn. The accused appellant went back after threatening that he would see the informant and his family. At about 11.30 accused appellant armed with a knife, his two brothers Hansu armed with a bottle of Acid and Rakesh armed with two iron rods (saria) rushed towards him. The informant out of fear closed the door of the shop. The accused then rushed to enter the adjoining house of the informant, which was objected by the wife of informant Karuna Fanda, when the accused appellant inflicted knife blow below her chest. Accused Hansu is stated to have thrown acid bottle towards Karuna Fanda which ricocheted and the acid got sprinkled on Hansu and Suresh. The informant rushed his wife to the hospital where she died. The incident is said to have been seen by Ram Lal Fanda (PW-2), Sumitra Devi (mother of informant) and Banwari. Sumitra Devi has not been adduced in evidence while Banwari has died. On the basis of such written report scribed by PW-2 the first information report in Case Crime No. 509 of 1995, under Section 302 IPC, Police Station Shikohabad, District - Firozabad, was registered at 12.45 pm on 7.11.1995 in respect of the incident occurring at 11.30 am on the same day.

3. The Investigating Officer recovered two iron rods (saria), edge of one of which was pointed while the other was flat near the place of occurrence vide Exhibit Ka-2. Bloodstained earth from the spot was also recovered vide Exhibit Ka-3. Panchayatnama was conducted at the hospital, where the dead body was kept, and the cause of homicidal death appeared to be the wound six fingers below the chest of the deceased. Panch witnesses were of the view that the deceased has died on account of stab wound. The dead body was accordingly sealed and sent to mortuary where the post-mortem was conducted by Dr. R.K. Garg (PW-4). In the post-mortem, the cause of death has been determined as shock and bleeding on account of following ante-mortem injury:-

"1. Incised wound 4.0 cm x 1.0 cm x chest cavity deep on (Lt) side front of chest 9.5 cm below and lateral to left nipple at 5 'O' clock position."

4. The investigation proceeded and ultimately a charge sheet (Ex. Ka. 11) was submitted by the police against the accused appellant and his two brothers Rakesh and Hansu. The Magistrate took cognizance and committed the case to the court of sessions where the charges were framed against them. Vide order dated 23.10.1998, the accused appellant was charged of offence under Section 302 IPC, while his two brothers namely Hansu and Rakesh were charged under Section 302/34 IPC by a separate order. The charges were read out to the accused who denied them and demanded trial.

5. The prosecution in order to establish the charges against accused appellants produced oral testimonies of following witnesses:-