IMPORTANT POINT
Interested witnesses, such as close relatives of the deceased, can provide credible testimony and their evidence should be carefully scrutinized but not automatically discarded. In cases of direct evidence, the motive becomes less significant.

JUDGMENT :

Rajiv Gupta, J.

1. Heard Shri Brij Raj Singh, learned counsel for the appellants, Shri Jitendra Kumar Jaiswal, learned AGA for the State and perused the record.

2. The instant criminal appeal has been filed against the judgment and order dated 16.01.2004 passed by Additional District Sessions Judge, Court No.3, Fatehgarh, Farrukhabad in Sessions Trial No. 626 of 2000 (State Vs. Lala Ram and Others), arising out of Case Crime No. 41 of 2000, under Sections 147, 148, 149, 302 IPC, Police Station Kayam Ganj, District Farrukhabad, by which the accused-appellants have been convicted for the offence under Section 147 IPC and awarded the sentence of two years’ rigorous imprisonment, under Section 148 IPC and awarded the sentence of three years’ rigorous imprisonment, under Section 302 read with Section 149 IPC and awarded the sentence of life imprisonment with a fine of Rs. 5,000/-each with default stipulations.

3. Chief Judicial Magistrate, Farrukhabad vide his letter dated 22.03.2021 has informed this Court that appellant no.1 Lala Ram has passed away about seven months back, as such, the instant criminal appeal on behalf of appellant no.1 Lala Ram, is dismissed as having been abated.

4. Shorn of unnecessary details, prosecution story as unfurled in the FIR, is that one Satya Prakash was bearing enmity with his step uncle Lala Ram owing to dispute over a piece of land, in respect of which, civil case has been decided by the trial court in favour of Satya Prakash. Thus, on account of dispute over possession of the said piece of land, there were inimical terms between Lala Ram and his sons, on one hand and Satya Prakash on the other.

5. It is further stated that on 03.03.2000 at about 4:30 PM, while Satya Prakash was returning back to his house after purchasing some articles from the shop of Girish Chand Tailor, when he reached near the house of Durjan Lal, he was encircled on the way by Lala Ram and his sons, namely, Ram Naresh, Narottam, Mahima @ Mahipal and Karamveer. Lala Ram instigated them to kill Satya Prakash. Satya Prakash raised alarm to rescue him. Hearing his alarm, first informant Ram Chand alongwith his wife Bhagyawati, Shyam Singh, Mahaveer Singh and several other villagers rushed to save him, however, Mahima and Narottam, armed with country-made pistol, fired upon him and Ram Naresh and Karamveer, who were having Gandasa in their hands, assaulted Satya Prakash on his head, consequent to which, he fell down. Lala Ram and his sons, however, made their escape good towards their house.

6. It is further stated that while taking Satya Prakash for medical treatment and had reached near the plot of Vishram, Satya Prakash breathed his last. Leaving the dead body on the plot of Vishram, first informant visited the Police Station to lodge the report, on the basis of a written report scribed by one Rama Nand. On the basis of written report, marked as Exhibit Ka-1, a First Information Report has been registered vide Case Crime No. 41 of 2000, under Sections 147, 148, 149, 302 IPC, carbon copy whereof has been drawn vide G.D. Report No.32 at 5:40 PM, which has been proved and marked as Exhibit Ka-12.

7. The first information report was registered in presence of the Station House Officer, Kayam Ganj, who was entrusted the investigation of the instant case. He recorded the statement of Head Moharrir Netra Pal Singh (PW-6) and the first informant Ram Chand (PW-1) and thereafter, proceeded to the place of incident alongwith ASI Mahaveer Singh and other police personnels. On reaching there, the Investigating Officer found the dead body of the deceased lying in the plot of Vishram and thereafter, he instructed ASI Mahaveer Singh to conduct the inquest proceedings and the inquest memo was drawn. The other relevant documents, namely, Form-13, Photo Nash, Challan Nash, Letter to C.M.O., Letter to R.I. and sample seals were prepared and thereafter, the dead body of the deceased was sent to the Mortuary for post-mortem.

8. An autopsy was co