The reliability of a single eye witness and the quality of evidence over quantity, as per Section 134 of the Indian Evidence Act, in establishing guilt or innocence.

JUDGMENT :

1. Heard Sri Swayamanand Sisodiya, learned Amicus Curiae for the accused-appellant and Sri A.N. Mulla, learned AGA for the State/ Opposite party.

2. This Criminal Appeal has been filed praying to set aside the Judgement and Order dated 16.11.2016 in Sessions Trial No. 454 of 2008 (State of Uttar Pradesh vs. Shivnath) relating to Case Crime No. 61 of 2008, under Sections 498-A, 302 IPC, Police Station Chakiya, District Chandauli, passed by the Additional Sessions Judge/Fast Track Court No. 1, Chandauli, whereby, the learned Trial Court has convicted the accused-appellant under Section 302 IPC and sentenced him with life imprisonment and a fine of Rs. 10,000/-and in the event of non-deposit of fine, to undergo further imprisonment of one year.

3. Briefly stated, facts of the present case are that, the accused-appellant Shivnath was a rickshaw puller. The deceased 'Patali' was his wife and sister of the first informant/P.W.-1, Munna son of Rupa. The first informant/PW-1 lodged an FIR being Case Crime No. 61 of 2008, under Sections 498-A, 302 IPC, Police Station Chakiya, District Chandauli on 19.03.2008 at about 15.30 hrs. (3.30 P.M.) alleging that on 19.3.2008, at about 1.00 P.M., his brother-in-law i.e. the accused-appellant Shivnath had committed murder of his sister 'Patali' and when he received this information from his nephew Ghanshyam on telephone then he went to the accused's house and found that his sister 'Patali' was lying dead in a burnt condition outside the hut of the accused-appellant. Accordingly, he lodged the First Information Report in the aforesaid Police Station. The accused-appellant was arrested on the next day i.e. 20.03.2008 who had (1) Superficial burn 4.5 cm x 2 cm on dorsal surface of right thumb and (2) Superficial burn 3.5 cm x 2 cm middle phalanx of right index finger. Blisters found. These burn injuries were found on examination by the Medical Officer of CHC Chakiya, District Chandauli who opined the aforesaid injuries to be superficial injuries about 1% simple in nature. Duration about one day.

4. The inquest report of the deceased 'Patali' was prepared on 19.3.2008 between 15.30 hrs to 16:00 hrs. and the autopsy of her body was conducted by the Medical Officer on 20.03.2008, who found following ante-mortem and post-mortem injuries:

Ante-Mortem Injuries

A contusion of 3cm x 4 cm on the left nipple on dissecting the area having the contusion, haematoma present on left rib cage.

Contused swelling of 3cm x 3cm area present at lower part of back of skull on dissecting haematoma having clotted blood present.

The cause of death was shown as Coma due to ante mortem injury Nos. 1 and 2 however post mortem burn present.

5. There was extensive burn superficial to deep on head, neck, thorax, abdomen and limbs except upper part of chest and buttocks about more than 80%. As per autopsy report, "shoot particles not found in trachea".

6. Thus, as per medical evidence i.e. autopsy report, the deceased died due to ante-mortem injuries no. 1 and 2 (aforequoted) and not by burn injuries. Non-presence of shoot particles in trachea also clearly indicates that when the deceased received burn injuries, she was not alive.

7. There were two eye witnesses, namely, P.W.-2, Ghanshyam, son of the deceased/accused and P.W.-3, Premsheela daughter of the deceased/accused. During trial, the P.W-2 turned hostile. The eye witness, P.W.-3 stated in her examination-in-chief that on the date of incident in question, her younger brother Ghanshyam, Radhey Shyam and Shiv Kumar, her mother (the deceased) and her father Shivnath were at home and there had been scuffle between her mother and the accused/father. Her father had beaten her mother and locked her in a room and thereafter he sprinkled kerosene oil on the body of the deceased and set her ablaze. He also put the fire on the thatch too. The P.W.-3 was extensively cross-examined but nothing adverse could be culled out in her cross-examination which could either shake confidence of he