IMPORTANT POINT
The prosecution must establish a reliable chain of circumstantial evidence for conviction; mere allegations and weak evidence are insufficient.

JUDGMENT :

(Ashwani Kumar Mishra, J.)

1. These appeals are directed against the judgment and order of conviction dated 29.06.2019 passed by learned Additional Sessions Judge/ Fast Track Court No. 21, Allahabad in Session Trial No. 287A of 1999 (State Vs. Balwant @ Munnu Singh), arising out of Case Crime No. 159 of 1981, C.B.C.I.D. Crime No. 710 of 1991, under Sections 147, 148, 149, 302 I.P.C., Police Station Ghoorpur, District Allahabad and judgment and order of conviction dated 06.05.2003 passed by learned Additional Sessions Judge (Fast Track), Room No. 22, Allahabad in Session Trial No. 287 of 1999 (State Vs. Durvijay Singh and others), arising out of Case Crime No. 159 of 1981, under Sections 147, 148, 149, 302 I.P.C., Police Station Ghoorpur, District Allahabad, whereby all the accused-appellants have been convicted and sentenced to six months imprisonment under Section 147 I.P.C., one year imprisonment under Section 148 I.P.C. and life imprisonment under Section 302 read with 149 I.P.C., with default stipulation.

2. The basis of prosecution case is the written report made by P.W.1-Shambhunath, scribed by Krishnapal Gupta, as per which informant’s nephew Bhupendra Narayan @ Lallu (deceased) had left his house on 09.06.1981 at about 6:00 p.m. to participate in a Baraat (marriage procession) on his motorcycle, but he did not return. At about 2:00 hours in the night, one villager, Bhukhan Singh, came to the house of the informant and woke him up and after calling the family members informed that Bhupendra Narayan @ Lallu had been shot dead on the canal track (Nahar Ki Patri) by some unknown persons. The informant, therefore, had come to lodge the report. The first information report has been lodged on 10.06.1981 at 5:00 hours in the morning and the incident is alleged to have taken place between 6:00 to 2:00 hours in the previous evening/night intervening 09/10th of June, 1981. The investigation proceeded in the matter and inquest was held. The body was sealed, whereafter postmortem was conducted on 10.06.1981 at the mortuary at Allahabad. The postmortem report shows that the deceased sustained solitary firearm shot causing two wounds, namely, an entry wound and an exit wound. The postmortem report further shows that the deceased was shot from behind. The cause of death was shock and haemorrhage due to ante mortem gun shot injury. The deceased was found to be of average built and aged about 34 years. The deceased died about a day prior to holding of the postmortem.

3. It is discernable from the evidence available on record that none had actually seen the incident and the implication of the accused-appellants has essentially surfaced on the basis of allegation that one Harikant Mishra (P.W.9), son of the informant-Shambhu Nath (P.W.1) had stolen his wife’s jewellery and had given it to one of the accused, namely Durvijay Singh @ Sadau Singh. Durvijay Singh @ Sadau Singh in turn sold the jewellery to a jeweller at Ghoorpur. When these facts came to the knowledge of family members, pressure was exerted upon Durvijay Singh @ Sadau Singh to return the jewellery. It is then that a Village Panchayat was held in which the members present had resolved to seek return of jewellery from Durvijay Singh @ Sadau Singh. Sadau Singh was also called in that Panchayat but he did not attend the Panchayat. It is, there at the Panchayat that the deceased asserted that in case the jewellery is not returned by Sadau Singh, he would get his fields cultivated thereby conveying that he would take over the possession of the land of Sadau Singh. This apparently was suspected to be the motive for commissioning of the offence. The other circumstances which surfaced during the course of trial was the receipt of a letter send by the co-accused, Vijai Pratap Singh, in which he stated that for the aforesaid reasons the deceased has been shot dead by Durvijay Singh @ Sadau Singh, Lal Sahab and Ashiq Ali. This letter was send to Shyamakant and was received by post