The court emphasized the necessity for rigorous scrutiny of dying declarations and eyewitness testimonies, particularly when inconsistencies arise, leading to the conclusion that the conviction was not supported by reliable evidence.

JUDGMENT :

Instant Criminal Appeal has been preferred by the appellant against the judgment and order dated 26.2.1983 passed by Shri Khem Karan Vth Additional Sessions Judge, Deoria in Sessions Trial No. 410 of 1981, convicting and sentencing the appellant for life imprisonment under Section 302 of IPC.

2. The alleged incident occurred on 05th July, 1981 at around 12:00 noon. The First Information Report with regard to the incident was got lodged at 03:30 p.m. at Police Station Rudrapur Deoria. The first informant who was 13 years old real brother of the deceased by the name of Vinod Kumar Yadav had narrated in the First Information Report that Ramakant the deceased and one Balwant were rectifying the boundaries of the field of Ramakant at around 10:00 a.m. in the morning, and at that point of time Suryabali their grand-father had asked them not to do so. Thereupon Ramakant went inside the house. Around two hours later, when the first informant Vinod Kumar Yadav was sitting on the thresh-hold of the house, Musafir son of Jamuna Yadav came on a motorcycle and called for Ramakant, who opened the door and went out to meet him. Upon seeing Ramakant the assailant who was a first cousin of the deceased Ramakant and the first informant Vinod Kumar Yadav fired from his rifle. The bullet entered the stomach of the injured Ramakant. He has stated in the First Information Report that at the moment apart from first informant himself Balwant, Ram Prasad and Janki were also present and had witnessed the incident.

3. Upon being injured Ramakant was taken to the Sadar Hospital, Deoria. The First Information Report was lodged at 3:30 p.m. and thereafter the investigation followed. The case of the prosecution was that the injured Ramakant was carried to Civil Hospital (Sadar) Deoria and from there he was taken to the BRD Medical College. At the BRD Medical College on 5.7.1981 itself a dying declaration was recorded of Ramakant in the presence of the Civil Surgeon. The Civil Surgeon in the dying declaration had given a certificate that Ramakant who was aged about 22 years was fully conscious and was able to give his dying declaration while he was admitted in casualty Ward Bed No. 12. The dying declaration was exhibited as Ex. Ka-3.

4. Thereafter the case of the prosecution was that the injured died on 10.7.1981 at 09:30 p.m. at the BRD Medical College, Gorakhpur itself. Further case of the prosecution was that the doctor at the Civil Hospital, Deoria had transcribed the medical report on 5.7.1981 at 02:30 p.m. and in it he had given out that the patient was brought by Balwant Viskwakarma. Also in the injury report it was indicated that there was a punctured wound 1cm x 1cm in the abdominal cavity and it was 3 cm above the umbilicus. There was no burning or charring present. The radiology report was of a day after the injury report was given i.e. of the 6th of July, 1981. The report indicated that there was some radio opaque small round shadow present in the back of the patient at Level L-3 of the vertebra. When the injured Ramakant had died on 10.7.1981 at around 09:30 p.m., the post-mortem was conducted and the reason given for the death was ante-mortem injuries.

5. Before the post-mortem was conducted, a panchayatnama was also prepared on the same day i.e. on the 10th of July, 1981. After the investigation was over the police had submitted its report to the Court, and the Court of the Chief Judicial Magistrate had thereafter committed the case for sessions trial. The sessions Court thereafter framed charges under Section 302 IPC against the appellant Musafir who when had denied the charges, the trial had commenced.

6. From the side of the prosecution as many as thirteen prosecution witnesses were produced.

7. Balwant Vishwakarma was PW1, who was named in the first informantion report lodged by the first informant Vinod Kumar Yadav. Balwant Vishkarma in his examination in chief had stated that he had not seen the incident, and he had only seen the inj