The judgment underscores the importance of credible evidence and the need to guard against convicting the innocent, emphasizing the limited applicability of the FIR as substantive evidence.

JUDGMENT :

1. Heard Sri Sandeep Singh, learned counsel for appellant nos.1, 2, 4, and 7, Sri Pawan Mishra, learned counsel for appellant no. 9 and Sri Yugal Kishore, learned A.G.A. for the State; perused the material on record.

2. During the course of hearing of this appeal, the appellant nos. 3, 5, 6 and 8 i.e., Umesh Singh, Dhan Raj Singh, Shobha Singh and Vikal Singh have died. The appeal as regards them has abated.

3. By means of this criminal appeal the convicts/the remaining appellants i.e., appellant no. 1-Jangali Singh, appellant no. 2-Jai Prakash Singh, appellant no. 4-Rajesh Singh, appellant no. 7-Sadanand Singh and appellant no. 9-Triveni Singh have challenged the order dated 30.07.1998 by which learned Special Sessions Judge, Bahraich, in S.T. No. 274 of 1994, convicted them under Section 304 Part II readwith section 149 I.P.C. and sentenced all of them to undergo rigorous imprisonment for a period of five years and a fine of Rs.1,000/- each and further to undergo rigorous imprisonment for a period of six months in default of payment of fine; in addition convicting and sentencing the appellant nos. 1 to 7 under section 147 I.P.C. to six months rigorous imprisonment and appellant nos. 8 and 9 under section 148 IPC to one year rigorous imprisonment.

4. The facts in brief are as below:-

- The first informant-Rajendra Singh submitted a written report in the Police Station-Kaisergaj, Bahraich alleging that in the month of May last year, one Shobha Singh had murdered the first informant's brother-Satish Singh and a criminal case was pending, therefore the accused side nursed enmity with them; a day before the incident, the complainant's servant was cleaning the drain of complainant's house; the accused Jangali Singh tried to stop him; the first informant's father retorted by saying that the drain fell in his area and he may rather get his place measured.

- In the background of this episode, the accused Jangali Singh, Jai Prakash Singh, Umesh Singh, Rajesh Singh, Dhan Raj Singh, Shobha Singh, all of them holding lathis, Vikal Singh holding a firearm, Triveni Singh holding a 'bhala', came together to his house, at about 7 am on 25.02.1994; they started abusing them; Dhan Raj Singh and Shobha Singh exhorted rest to kill them; Triveni Singh stabbed informant's father with ‘bhala’ and caused him injuries; Sadanand Singh was pelting stones and pieces of bricks.

- The incident was witnessed by informant’s mother Dulari Devi, Rajendra Singh and Subhash Singh, his neighbours; they raised alarm and challenged the accused persons; Accused Shobha Singh commented “let’s return as we have done our job” and they fled away.

- On the basis of this written report, FIR case crime no. 274 of 1994 was lodged; the investigating officer proceeded to inspect the spot and prepared the site map and took into possession the blood stained and plain earth.

- During the course of investigation, the injured Nanku Singh died, therefore the case was converted from one under section 307 IPC to 302 IPC; the inquest on the body was done same day at about 15.30 hours; the postmortem was conducted the next day at District Hospital.

- The investigating officer recorded the statement of the witnesses and chargesheeted the accused persons;

- All the accused persons were put to trial and were convicted for the offences under section 304 Part II readwith sections 149 I.P.C., further appellant nos. 1 to 7 were convicted under section 147 I.P.C. and appellant nos. 8 and 9 under section 148 I.P.C.

5. Before taking up the contentions of the rival side, I find it appropriate to refer to the statements in brief, given by the prosecution witnesses:-

PW1-Rajendra Singh, son of the deceased supporting the prosecution case, has stated that the accused persons Shobha Singh, Triveni Singh, Vikal Singh, Sadanand Singh, Rajesh Singh etc were named in a case of murder of his cousin Satish and they were on bail; a day before the occurrence, the accused Jangali Singh objected to the clearing