IMPORTANT POINT
The judgment establishes that a conviction cannot be sustained solely on the basis of a dying declaration without corroborative evidence, especially when there are significant inconsistencies in witness testimonies and delays in reporting the incident.

JUDGMENT :

Shiv Shanker Prasad, J.

1. This criminal appeal has been preferred by the accused- appellant Shanker Yadav against the judgment and order dated 25th March, 2004 passed by the Additional Sessions Judge/F.T.C.- IV, Jaunpur in Sessions Trial No. 41 of 1990 (State of U.P. Vs. Jwala Prasad & Others), arising out of Case Crime No. 110 of 1989, under Sections 148, 149 and 302 of I.P.C., Police Station-Baxa, District-Jaunpur, whereby the accused-appellant along with four other co-accused, namely, Jwala Prasad, Bankey Lal, Shyam Bahadur and Mithai Lal, has been convicted and sentenced to undergo one year simple imprisonment for the offence punishable under Section 148 of I.P.C. and life imprisonment for the offence punishable under Section 302/149 I.P.C. with a fine of Rs. 20,000/- each, in default thereof he has to further undergo one year additional imprisonment.

2. We have heard Mr. V.P. Srivastava, learned Senior Advocate, assisted by Mr. Ashok Singh Yadav, Mr. Sanjay Kumar Yadav, Mr. Rajesh Yadav, learned counsel for the accused-appellant, Mr. Rajeev Lochan Shukla, Mr. Direndra Kumar Srivastava, learned counsel for the respondent, Mr. Siddhartha Shukla, learned counsel for the first informant and Mr. Arun Kumar Pandey, learned A.G.A. for the State and also perused the entire materials available on record.

3. The prosecution case is based upon a written report dated 26th August, 1989 (Exhibit-Ka/1) of first informant, namely, Lal Ji Yadav (P.W.-1) wherein he has stated that there was a rivalry between his family and the family of the accused Jwala Prasad due to certain litigations. Earlier, the accused persons had beaten the father of the informant, which case under Section 107 was pending in the court. Because of the said case, the accused Jwala Prasad along with other accused persons had grudge. On 26th August, 1989 at around 6:00 p.m., when the brother of the informant, namely, Rambali was returning to his house after taking medicine for the use of his child from Lakhaunwa market, the informant himself and Harishankar were also following him. As soon as the brother of the informant crossed the railway line and reached the unpaved road, the accused Jwala Prasad, Banke Lal, Shyam Bahadur, Shankar (accused-appellant) and Mithai, who resided in the same village, arrived. The accused Jwala, Bankey Lal, Shyam Bahadur and Shankar (accused-appellant) had Gandasas in their hands and the accused Mithai had stick in his hand. The above accused persons, after surrounding the brother of the informant, started beating him brutally. On hearing the scream of the informant and when the informant and Harishankar shouted, Sukhdev and Santram, who were coming from the market, arrived. On this the accused ran away threatening them. The brother of the informant had fallen down due to injuries sustained by him. His condition was severe. He was taken to Sadar Hospital by auto rickshaw and was admitted where he died at 11:30 in the night. On the basis of such written report dated 27th August, 1989 (Exhibit-Ka/1), first information report (Exhibit-Ka/4) came to be lodged at 04.30 a.m. on 27th August, 1989 in respect of the incident which occurred on 26th August, 1989 at about 06:00 p.m. (evening).

4. Thereafter, the inquest followed and the inquest report dated 27th August, 1989 came on record (Exhibit-ka/6). It is mentioned in the inquest report that the death of the deceased relates to an offence, which requires doctor’s opinion and the body of the deceased be sent for post-mortem.

5. The post-mortem has been conducted on 27th August, 1989 at 04:30 p.m. and in the post-mortem report (Exhibit-ka/16), the cause of death of the deceased has been reported to be shock and haemorrhage as a result of following ante-mortem injuries:

“1. Incised wound 4 cm x 4 cm above right eye brow on the seal.

2. Incised wound 1.5 cm x 4 cm above incised wound no.1.

3. Incised wound 5 cm. bone deep on right … 5 cm. above injury no.1

4. Incised wound stitched 7 cm above inju