The trustworthiness and credibility of witness testimony, along with the absence of motive for false implication, were central to the court's decision.

JUDGMENT :

1. These two appeals have been filed by the appellants namely, Guddu @ Khaleel and Jameel Kapadiya against the common judgment and order dated 6.3.2019 passed by learned Second Special Judge/ Additional District Sessions Judge, Hamirpur in Special Case No. 15 of 2012, State Vs. Jameel Kapadiya and others and Special Case No. 30 of 2014, State Vs. Guddu @ Khaleel, both arising out of case crime no. 1380 of 2011, police station Maudaha District Hamirpur whereby the appellants along with co-accused Saggan have been convicted under section 307/34 I.P.C. for a period of 7 years R.I. and to pay fine of Rs.5000/- each and in default of payment of fine, they have to further undergo three months simple imprisonment. All the accused persons are acquitted of the charges under section 3(2)(5) of SC/ST Act, 1989.

2. As both the above mentioned appeals rise out of the same judgment and order so both are being heard together and are decided by a common judgment.

3. The facts germane to the proceedings are that on 30.9.2011 at about 20.40 hours Mahesh Kumar son of Pragi Lal Chamar gave a complaint at police station Maudaha District Hamirpur that on 30.9.2011 itself at 8 p.m. Guddu, Jameel Kapadiya along with two others have stabbed Ajay son of Kishan in his abdomen. The blood is oozing from the wound. His family members have taken him to the hospital.

4. On this complaint, the case crime no. 1380 of 2011 under section 307 I.P.C. was registered at police station Maudaha District Hamirpur against Jameel Kapadiya, Guddu and two unknown persons. Investigation was conducted by S.I. Raj Narayan Tripathi, police station Maudaha District Hamirpur who recorded necessary statements along with the statements of injured and his father, prepared site-plan, copied documents in case diary. On the basis of statement of injured the names of Jalal and Saggan were added as accused and the victim being a member of Scheduled Castes and Scheduled Tribes Section 3(2)(5) of SC/ST Act was also added and then investigation was transferred to Circle Officer of police, Ramesh Kumar Bhartiya on 26.11.2011 who after going through the investigation conducted by R.N. Tripathi recorded the additional statement of Sri Krishna, father of the injured Ajay, arrested the accused Jameel Kapadiya recorded his statement copied the rest documents in case diary and filed charge-sheet against Jameel Kapadiya under section 307 I.P.C. and Section 3(2)(5) of SC/ST Act, 1989. The investigation continued against rest three accused persons. On 13.5.2012, the investigation was taken over by the Circle Officer Arvind Kumar Maurya who going through the previous proceedings of investigation and after arrest of Jalal on 10.4.2012 filed charge-sheet against accused Jalal on 15.6.2012 under section 307 I.P.C. and 3.(2) (5) SC/ST Act, 1989. On 21.6.2012 the accused Saggan was arrested by Maudaha police and on 27.8.2012 charge-sheet was submitted against Saggan and Guddu in above mentioned sections. Charge-sheet against Guddu was submitted in his absence ( mafruri).

5. After receiving all the charge-sheets, learned lower court took cognizance and the cases of all the accused persons were committed to the Court of Sessions. Learned lower court framed charges against Jameel, Guddu @ Khaleel and Saggan on 25.4.2012, 28.7.2014 and 6.11.2012 respectively, under section 307/34 I.P.C. and 3(2)(5) of SC/ST Act. All the accused persons denied of the charges and claimed to be innocent. Meanwhile, accused Jalal reported to be expired.

6. The prosecution produced as many as 8 witnesses in support of the charges framed. In Special Case No. 15 of 2012, State Vs. Jameel Kapadiya, injured Ajay appeared as P.W.-1, his father Sri Krishna appeared as P.W.-2, the first informant Mahesh Kumar appeared as P.W.-3, Dr. Vikram Singh appeared as P.W.-4 and all the three Investigating Officers appeared as P.Ws. 5, 6 and 7 respectively. Sub Inspector Hakim Singh also appeared as P.W.-8 in the lower court.

7. In Special Case