IMPORTANT POINT
The court emphasized the necessity of corroborative evidence and the unreliability of chance witnesses in criminal proceedings, leading to the acquittal of the accused.

JUDGMENT :

Siddhartha Varma, J.

1. This criminal appeal has been filed against the judgment and order dated 23.05.1983 passed by the Sessions Judge, Jalaun at Orai by which the appellant Ram Babu was convicted under Section 302 of the Indian Penal Code (henceforth called the "IPC") read with Section 201 IPC and punished the appellant under Section 302 IPC with life imprisonment and under Section 201 IPC with a rigorous imprisonment of two years.

2. The brief facts of the case are that upon an incident which allegedly occurred on 21.8.1982 at around 7.30 to 8.00 PM, a First Information Report (henceforth called the "FIR") was lodged in that regard on 22.11.1982 at 7.05 AM. As per the FIR, the brother of the first informant namely Jagram, who was gambling with the accused persons Ram Babu and Kisna, was killed in the house of Ram Babu because the deceased Jagram had won in the gambling and Ram Babu and Kisna had asked for the return of their money. When Jagram had refused to return that money, then, it is alleged, the accused persons Ram Babu and Kisna had killed the deceased. It has been stated that Kisna had used an axe to kill the deceased while Ram Babu was responsible for throttling the deceased. As per the FIR, when Jagram shouted upon being attacked at 8.00 pm, then Laxman Singh and Mulayam Singh had seen the incident in the light of their torches. It has been stated in the FIR itself that the dead body of Jagram, after he was killed, was dragged by the assailants and taken to a well which was situated in the land of one Sri Dixit and that the assailants had thrown the dead body into the well.

3. The FIR was scribed by Mulayam Singh on the dictation of the first informant Takdeer Singh. Upon the FIR having been lodged, the police got into action and investigation commenced. The panchayatnama proceedings which commenced at around 11.15 am on 22.11.1982 states that the Constable Prem Shanker Shukla reached the spot and he after seeing the trail which had been created because of the pulling of the dead body by the accused towards the well had traced out the dead body. It has been stated that thereafter the panchayatnama was prepared and completed at 12.30 PM. The memo Ka-1 as was prepared by the investigating police had stated that they had only seen the torch of Mulayam Singh which had three cells in it. The police had also taken it into its custody. The police had also recovered a Sadari and Angochha (the clothes worn by the deceased) which were blood stained which were exhibited as Exhibit Ka-2. As per the Exhibit Ka-3 which was the memorandum prepared by the police, the plain soil and the blood stained soil were taken into custody. After the panchayatnama was completed, the dead body was sent for post mortem and the post mortem report was prepared on 23.11.1982. The investigation having got completed, the police submitted its report. Since the accused Kisna was absconding, charges were framed only viz.-a-viz. Ram Babu under section 302/201 IPC. When the accused pleaded not guilty, trial commenced.

4. The prosecution produced five witnesses in the Court.

5. PW-1 was the first informant Takdeer Singh. In his testimony before the Court, he has stated that Kashi Singh and Harmohan Singh had seen his brother Jagram gambling. It has been stated by the PW-1 that Kashi Singh and Harmohan Singh in fact had asked his brother not gamble but neither did Jagram nor did the assailants Ram Babu and Kisna stop gambling. He has stated that when the sun set and it became dark, the three who were gambling, came out on the western side to gamble and when Jagram had won a substantial amount of money, then Ram Babu and Kisna asked him to return the money. When, however, Jagram refused to return the money then Kisna assailed him by an axe while Ram Babu had throttled the deceased. Upon being attacked when the deceased started shouting, then Laxman Singh and Mulayam Singh who were easing themselves in the open agricultural field saw the incident in t