Material contradictions in witness statements and doubts about the prosecution's case can lead to acquittal if the prosecution fails to prove the case beyond a shadow of doubt.

JUDGMENT :

1. Heard Sri Shishir Pradhan, learned counsel for the appellant and learned A.G.A. for the State as well as perused the record.

2. This appeal has been filed against the judgment and order dated 10.3.2004 passed by the Fast Track Court No. 1/ Additional Sessions Judge, District-Raebareli in Sessions Trial No. 253/1996 in case crime no. 11/1993 (State of U.P. Vs. Ishtiyaq Khan and others), Police Station-Mohanganj, District-Raebareli whereby the appellant is convicted under Section 307 I.P.C. to undergo five years rigorous imprisonment and fine of Rs. 1000/-and further the appellant is convicted for one year rigorous imprisonment under Section 452 I.P.C. and fine of R. 500/-In case of default in payment of fine the appellant shall suffer two months additional imprisonment. All the sentence shall run concurrently. .

3. Brief facts of the case emerges from the written report Exbt-Ka-1 is that the complainant-Jumni Khatoon and her husband Mohd. Hanif were residing in half portion of the house of Mohd. Hanif. At the time of incident, Smt. Armani, who is step wife of Mohd. Hanif, was also residing along with her son and daughter in the half portion of the house. Step wife-Smt. Armani and her son had enmity with the complainant and her husband-Mohd. Hanif. On 22.1.1993 at about 12:00 night when the complainant- Jumni Khatoon was sleeping along with her husband Mohd. Hanif, then, suddenly accused persons-Smt. Armani, son-in-law of Smt. Armani Ishtiyaq resident of Bibiyapur and one unknown person entered into the house of the complainant. After entering into the house of the complainant, Smt. Armani and unknown person caught hold Mohd. Hanif and appellant-Ishtiyaq opened fire upon Mohd. Hanif by the country-made pistol with intention to his murder. Mohd. Hanif got fire arm injury on mouth and chest. On hue and cry of the complainant the villagers rushed to the spot then all the accused persons fled away from the spot. The appellant and Smt. Armani were identified in the flesh light of the torch. With the help of the villagers, the complainant came to Raebareli for treatment of her husband but her husband Mohd. Hanif was referred to the Lucknow on 23.1.1993.

4. A written report was filed by the complainant on 29.1.1993 against accused persons Smt. Armani, Ishtiyaq Khan and one uknown person at Police Station-Mohanganj at 6:45 p.m. as case crime no. 11/1993 under Section 307/452 I.P.C. and the Chik F.I.R. Exbt-Ka-3 was prepared. The entry was made as G.D. No. 30 at 18:45.

5. After lodging the F.I.R., investigation of this case was entrusted to the investigating officer. During course of investigation, the Investigating Officer collected the medical report and also recorded the statement of the injured and complainant-Jaumni and other witness under Section 161 Cr.P.C. During the course of the investigation, the Investigating Officer on the pointing out of the complainant prepared the site plan. After conducting all the formalities of the investigation, the Investigating Officer filed charge sheet against Ishtiyaq Khan, Armani and Riyasat.

6. The charge sheet was submitted before the Magistrate Court where it was committed to the court of Sessions and the Sessions Court framed the charges on 21.8.1999 against Ishtiyaq Khan, Armani and Riyasat under Section 307/34, 452 I.P.C. The charges were read over to the accused-appellants, but they denied the charges and claimed for trial.

7. In order to prove his case, the prosecution examined following prosecution five witnesses:-

(i) P.W.-1-Mohd. Hanif, who is injured witness

(ii) P.W.-2-Jamuni Khatoon, who is first informant/wife of the injured- Mohd. Hanif.

(iii) P.W.-3-Krishna Kumar Awasthi, who is prosecution witness and Pharmacist of District Hospital Raebareli.

As per versions of P.W.-3 Krishna Kumar Awasthi, Pharmacist of District Hospital Raebareli and he stated as secondary evidence that injury report of Mohd. Hanif was prepared by Dr. R.K Dixit. He stated before the court that he is well