IMPORTANT POINT
The principle established is that the prosecution must prove the guilt of the accused beyond a reasonable doubt, and any significant contradictions or weaknesses in the evidence can lead to acquittal.

JUDGMENT :

SHIV SHANKER PRASAD, J.

1. We have heard Shri Jitendra Kumar Jaiswal, learned A.G.A. for the State/ appellant, Shri Purshottam Dixit, learned counsel for the first informant, Shri P.C. Sharma, learned counsel for the accused- respondent nos. 2 & 3 Nagendra and Sahdev, Shri Rajiv Sharma, learned counsel for the accused-respondent no. 4 Ashok as well as perused the material available on trial court record.

2. The instant Government Appeal is directed against the judgment and order dated 4th October, 1983 passed in Criminal Sessions Trial No. 80 of 1983 (State Vs. Sughar Singh & 3 Others), arising out of Case Crime No. 183 of 1982, under Section 302/34, 307/34, 302, 307 & 109 of I.P.C., Police Station-Kotwali, District- Etah, whereby the accused-respondents Sughar Singh, Nagendra, Sahdev and Ashok @ Ranjit have been acquitted from all the charges levelled/framed against them.

3. During the pendency of the instant Government Appeal, the accused-respondent no. 1 Sughar Singh has already passed away and the same has already been abated qua accused-respondent no. 1 by this Court vide order dated 7th May, 2018.

4. The accused-respondent Sughar Singh the father of the other accused, namely, Nagendra and Sahdev, whereas the accused Ashok is their close friend and residents of same village.

The prosecution case as cropped up from the records of above Government Appeal is that on a written report given by the informant/PW-1 Satdeo Singh dated 10th March, 1982 (Exhibit-ka/ 7), first information report (Exhibit-Ka/3/1) came to be registered on 10th March, 1982 at 05:45 p.m. at Police Station-Kotwali, District-Etah against the accused-Sughar Singh, Sahdeo Singh, Nagendra Singh and Ashok under Sections 302, 307 and 120-B of I.P.C. In the written report, it has been alleged by the informant/PW-1 that about 15 days back, there was a fight between his father Gopal Singh and accused Sahdev and Nagendra resident of his village for taking water because they had stopped the water, which was flowing in his gram field. When his father objected, they ran to attack his father and threatened to kill him. On 10th March, 1982 at around 04:00 p.m., when fight was going on between father of the accused Nagendra and Sahdev Singh, namely, Sughar Singh and their uncle, namely, Durveen Singh near the house of Jorawar Singh, the uncle of the first informant, namely, Sangram Singh intervened to stop the said fight, then, the accused Nagendra and Sahdeo, who were along with their father Sughar Singh, started abusing his uncle. When the first informant objected not to abuse his uncle, heated conversation took place between them. Meanwhile, his father Gopal Singh came to the spot and inquired about the matter, then the accused Nagendra Singh exhorted the accused Sahdev to kill them as earlier they stopped the water flowing into their field. On the said exhortation, the accused Sahdev ran and went to the house of accused Ashok, whose house was adjacent to the house of Jorawar and brought his licensed gun and fired upon father of the first informant on his eye, who was standing near the house of Jorawar. Thereafter the accused Sahdeo fired second shot upon the first informant but the said shot did not hit him and his father died on the spot. The first informant, Jaiveer Singh resident of his village and Yatendra Singh, Sangram Singh and Narendra Singh resident of Ghilauwa, Police Station Kotwali, Etah saw the entire incident of shooting. His father was lying dead on the spot. He came to the Police Station to lodge the first information report.

5. After lodging of the same, the Head Moharrir, namely, Laxman Singh Verma (PW-6) prepared the chik first information report (exhibit-ka/1) and made G.D. entry on 10th March, 1982 at 05:45 p.m. The investigation of the case was handed over to PW- 4 Sri Brahma Singh, the then Sub-Inspector of Police Station Kotwali Etah, in whose presence the case was registered at the Police Station. He proceeded with the investigation after