The court ruled that the prosecution failed to prove the accused's guilt beyond a reasonable doubt due to unreliable eyewitness testimony and insufficient evidence.

JUDGMENT :

VINOD DIWAKAR, J.

1. We have heard Shri Akhilesh Singh, learned counsel for the accused-appellants, Shri Rahul Asthana, learned AGA for the State-respondent, and perused the record.

2. The instant appeal has been preferred challenging the impugned judgment and order dated 7.2.1983 passed by VIII Additional District & Sessions Judge, Kanpur, in Sessions Trial No. 566 of 1978 titled as State v. Om Prakash and another, arising out of Case Crime No. 143 of 1978, u/s 302 IPC, by which the trial court has convicted the accused-appellants Shri Krishna and Om Prakash. The accused-appellant Om Prakash was sentenced to undergo imprisonment for life u/s 302 IPC, and the accused-appellant Shri Krishna was sentenced to undergo imprisonment for life u/s 302 read with 34 IPC.

3. Upon completion of the investigation, the police filed the charge-sheet against accused-appellants Om Prakash and Shri Krishan and the co-accused Shiv Nath Singh. The accused-appellant Om Prakash was charged u/s 302 IPC for committing murder of deceased-Ram Lal, and that the accused-Shri Krishna and Sheo Nath Singh u/s 302 read with section 34 IPC in furtherance to achieve the comon intention of committing murder on 18.10.1979. Subsequently, the accused- Shri Krishna and Sheo Nath Singh were charged u/s 302 read with section 34 IPC and that the accused-appellant Om Prakash u/s 302 IPC on 3.6.1980 afresh, wherein they denied the prosecution’s case and claimed trial. The learned trial court vide judgment and order dated 7.2.1983 acquitted the accused Sheo Nath Singh from the charges u/s 302/34 IPC, whereas accused-appellants Om Prakash was convicted u/s 302 IPC and Shri Krishna was convicted u/s 302 read with 34 IPC.

4. During the pendency of the appeal, the accused-appellant Shri Krishna died. Hence, the instant appeal against him stands abated.

5. Succinctly, the prosecution case is that the complainant- Suresh Kumar approached the Police Station Kakwan with a tehreer with regard to his father’s murder. On the basis of which the police initiated the investigation and subsequently the accused persons faced the trial. For clarity, the contents of tehreer are extracted herein below:

6. On the tehreer of complainant- Suresh Kumar (PW-1), the First Information Report bearing Case Crime No. 143, under Section 302 IPC was registered on 24/25.9.1978 at P.S. Kakwan, District Kanpur, against the accused persons.

7. After registration of the FIR, the police conducted the investigation and recorded the statement of the witnesses under Section 161 Cr.P.C. and filed the charge-sheet against the accused persons, namely, (i) Shri Krishna, (ii) Om Prakash and (iii) Sheo Nath Singh. The Chief Judicial Magistrate took the cognizance and after complying with the provisions of Section 207 Cr.P.C. committed the case to the court of sessions for its trial.

8. In brief, the prosecution’s case is that in the intervening night of 24/25.9.1978 at around 01:30, upon Shri Krishna’s exhortation, accused Sheo Nath caught hold the deceased- Ram Lal and accused Om Prakash gave 4-5 knife blows on the deceased’s neck. After hearing a rescue call by the complainant, Desh Raj s/o Har Dayal and Babu Ram s/o Jagannath also wake up, who were sleeping about 5-6 paces away from the deceased. At the time of incident, Ram Bharosey s/o Umman Pal had also reached the place of incident. The deceased suffered six injuries and died on spot due to shock and haemorrhage as a result of injuries. The son of deceased Suresh Kumar (PW-1) scribed the tehreer and reported at the police station at 06:10 a.m. on 25.9.1978. Accused Shri Krishna, Om Prakash are named in the FIR, whereas name of accused Sheo Nath surfaced during the investigation. The accused Shri Krishna and Om Prakash were arrested on 26.9.1978 and kept in the lock up at Kannauj, and thereafter, on 27.9.1978 the police arrested accused Sheo Nath at 11:00 a.m. The knife which was used in the crime, was recovered at the pointing out of accused Sheo Nath from