The prosecution must prove guilt beyond reasonable doubt, and discrepancies in witness testimonies can lead to acquittal.

JUDGMENT

Ram Manohar Narayan Mishra, J.

Heard Sri. Bishram Tiwari, learned counsel assisted by Sri. Kaushal Kishor, learned counsel for the appellants and learned AGA for the State and perused the material placed on record.

2. By means of instant criminal appeal, the convict-appellants have assailed the correctness of the judgement and order dated 6.6.2006, passed by learned Additional Sessions Judge, Fast Track Court No.24, Allahabad, in S.T. No.853 of 2000, (State of UP v. Ram Lakhan alias Dahari and others), arising out of Case Crime No.167 of 1997, Police Station Puramufti, District Kaushambi, whereby, the appellants have been convicted and sentenced for charge under Section 302 IPC to undergo life imprisonment with fine of Rs. 3,000/-each and in default thereof, they have to undergo three months additional imprisonment. The appellants were enlarged on bail by order of this Court dated 27.6.2006, passed in present criminal appeal.

3. The prosecution case in brief is that the informant Jaikaran, son of Ramanand, resident of Gopalpur, Police Station Puramufti, District Kaushambi, lodged an FIR on the basis of written report dated 24.5.1997, at police station concerned, with allegations that on 23.5.1997, his younger brother Ram Bhawan Singh, had gone to attend a function at the place of Dhruv Narayan Pandey on invitation, but he did not come back to home in the night. The informant thought that he might have stayed at his residence, situated in front of Manauri Air force. On next date i.e. 24.5.1997, at around 6:00 AM, his maternal cousin Madan Singh told him that Ram Bhawan was shot dead in front of the house of Ram Lakhan @ Dahari, which situates in front of Kendriya Vidyalaya, Air Force. The informant visited the place of incident on this information and on finding the dead body of his brother, filed information at police station by written report (Ext. Ka-1). The FIR was lodged on 24.5.1997, against unknown person under Section 302 IPC vide Crime No.NIL of 1997, at 6:15 AM. The police proceeded to investigate the case. The Investigating Officer collected blood stained and plain earth from the place of incident on 25.5.1997 in presence of witnesses namely, Tulsi Ram and Mannu Sing and also collected a mutilated bullet of firearm and prepared its recovery memo. The inquest proceeding were conducted on the dead body of the deceased and inquest report was prepared by then S.O./Investigating Officer Rakesh Kumar Mishra on 24.5.1997, at the place of finding of dead body. The name of three accused namely, Ram Lakhan @ Dahari, Man Singh and Chaman Kushwaha surfaced on filing of second written report dated 26.5.1997 by the informant, Jaikarana. PW-4, Dr. A.K. Gupta, conducted postmortem examination on the dead body of the deceased Ram Bhawan Singh, aged around 40 years, on 24.5.1997, at around 4:00 PM, in which Doctor found three antemortem injuries. In the opinion of Doctor, the cause of death was shock and haemorrhage as a result of antemortem injuries on vital organs. The Investigating Officer prepared site plan of the place of incident, which is proved as Ext.Ka-5 by evidence of PW-5, the Investigating Officer. The plain and blood stained soil, the wearing apparel recovered from dead body of the deceased during postmortem and one mutilated bullet recovered from the place of incident were sent for serological/ballistic examination. In the report of scientific examiner of F.S.L., Lucknow (Ext.Ka-12), human blood was found on all these things except on plain earth but classification of blood could not be done due to disintegration of blood found on item Nos.2 to 4. In the report of FSL, a remark has been made that at Serial No.3 and 5 of docket, instead of pieces of cartridge, mutilated metal was found. The Investigating Officer submitted chargesheet against three named accused persons with prayer to prosecute them for charge under Section 302 IPC before the Chief Judicial Magistrate. Learned CJM took cognizance of the offence on