IMPORTANT POINT
The prosecution must prove its case beyond a reasonable doubt; significant contradictions and procedural irregularities in the FIR undermine the conviction.

JUDGMENT :

1. This criminal appeal has been filed against the judgment and order dated 16.03.1983 passed by the Sessions Judge, Ghazipur in Sessions Trial No.45 of 1983 by which the appellants were convicted under Section 302/34 of the Indian Penal Code(henceforth called the "IPC") sentencing the appellants with life imprisonment.

2. Upon an incident that had taken place in the night of 15/16th of September, 1982 at about 1.00 A.M., allegedly, a first information report was got lodged at 5.30 A.M. on 16.9.1982. The version of the first information report was that the deceased Munni Lal aged, about 22 years, was killed in a bomb attack by the accused Brij Bihari Bind. The accused Brij Bihari Bind, was accompanied by Prabhu and Jitan. Prabhu was carrying a lathi and Jitan was carrying a knife. It has been stated that the accused had also intended to kill the informant, but since he ran away, they spared him. It has been mentioned in the first information report itself that the first information report was scribed by one Jagdishwar Ram S/o Ram Saran Ram. The motive in the first information report was that the first informant Shiv Nath, had built a new house and he had opened his door on the northern side, which faced the courtyard (Sahan) of the accused Brij Bihari Bind. When Brij Bihari Bind had asked the first informant and the deceased Munni Lal, to close the door, and Munni Lal in retaliation had abused him, then Brij Bihari Bind had threatened Munni Lal with dire consequences.

3. It has been alleged by the prosecution that, thereafter, the investigation commenced, and the clothes, which were having the blood of the deceased and the pieces of the bomb which were lying on the spot were recovered and their recovery memos were prepared. The torch and lantern, which were the sources of light, were also looked into by the police and even though they were not taken into custody, a memo in that regard was prepared, which was exhibited as Exhibit Ka-10. Thereafter, the case of the prosecution was that the deceased was still in an injured state after the bomb attack and he was taken to Nandganj Primary Health Centre, where he reached as per prosecution case at 5.50 A.M. It was further the case of the prosecution that thereafter upon finding that the state of the injured was grievous, he was referred to the District Hospital at Ghazipur. From the record, we further find that the injured after reaching the District Hospital at Ghazipur died at 10.13 A.M. and at 10.30 A.M. the doctor present sent the dead body to the Kotwali for necessary action. The communication by which the information was sent to the Station Officer, Kotwali at Ghazipur mentioned that the injured had died at 10.13 A.M. This communication sent at 10.30 A.M. on 16th of September, 1982, was exhibited as Ext. Ka-3.

4. From the record, we further find that a Panchayatnama was conducted on 16th of September, 1982 at the District Hospital, Ghazipur. This Panchayatnama reveals that some report was lodged at 10.45 A.M. and that the Panchayatnama had commenced at 11.20 A.M. at 16th of September, 1982. The person, who had given the information to the Thana about the death of the deceased was a ward boy-Bhim Singh. The Panchayatnama proceedings concluded at 12.30 P.M. Thereafter, the dead body was sent with the Panchayatnama, Nakal Rapat and various other documents for the post-mortem of the dead body. The post-mortem was conducted on 17.9.1982 at 9.30 A.M. at the district Hospital, Ghazipur. Thereafter, when the police submitted its report, the court of sessions judge, district Ghazipur on 16.3.1983 framed charges. When the accused denied the charges, the trial commenced.

5. From the side of the prosecution as many as 7 witnesses were examined.

6. PW-1 was the alleged first informant and from his statement, it became clear that he intended to bring on record that the he had built a new house and in the northern side he had opened the door, which faced the house and Sahan of the accus