Witness testimony from relatives can be credible if corroborated; delay in FIR is not fatal if satisfactorily explained.

JUDGMENT :

Mohd. Azhar Husain Idrisi, J.

1. (i).Office report dated 03.08.1983 demonstrates that Trial Court Record has been received way back in the year 1983 and the accused appellants were released on bail vide order dated 09.06.1983. The paper books were also prepared pursuant to the order dated 15.07.2019. Order sheet transpires that the learned counsel for the accused appellants avoided to appear before the Court to argue the appeal, despite consistent orders. In these pressing and compelling circumstances non-bailable warrants were issued against the accused appellants on 15.07.2019, which were duly executed upon the accused appellants, the accused appellants appeared in the court of Chief Judicial Magistrate, Jalaun at Orai and were released on bail with undertaking that they would appear before this court on the date fixed. A perusal of the order sheet further evinces that the appeal was listed on 16.03.2022 and 31.08.2022 for hearing but no one appeared on behalf of appellants to advance arguments. The appeal was again listed on 31.01.2024 for hearing. On that date, learned counsel for the accused appellants appeared and made a request for being adjourned. The appeal was again listed for hearing on 12.07.2024, but on account of call of strike by members of Bar, hearing could not be done. Again the appeal was directed to be listed on 25.07.2024 and in the meantime notices were served upon the accused appellants personally which is evident vide letter dated 5.6.2024 sent by Chief Judicial Magistrate, Jalaun at Orai and the office report dated 3.7.2024. Eventually, the appeal was listed on 5.11.2024. On that date, despite repeated calls, none appeared on behalf of accused appellants to press the appeal. Thus the record demonstrate that the counsel for the accused appellants as well as accused themselves employed all gadget to oscillate the appeal sine die, without seeing day light. The present appeal being of the year 1983 has been swinging years together on the dilatory and stalling tactics adopted by the counsels as well as the accused appellants themselves.

(ii).In view of the above, we are of the opinion that no useful purpose would be served to keep the present appeal swinging any more accommodating counsel for the appellants to advance argument on three dates. The Court is under bounden obligation to proceed with the matter and decide it after hearing the learned counsel for the parties, consequently, Sri Pawan Shukla, Advocate was appointed as Amicus Curiae to argue the appeal on behalf of accused appellants.

2.The instant appeal has been instituted on behalf of appellants against the judgment and order dated 21.5.1983 passed by the learned Special Judge/Additional Sessions Judge Jalaun at Orai in Sessions Trial No. 16 of 1983 (State versus Shambhu and another) arising out of Case Crime No. 292 of 1982 under sections 302/307 IPC Police Station Kadaura, District Jalaun whereby the appellants have been convicted and sentenced to undergo life imprisonment with fine of Rs.1,000/- each for the offence punishable under sections 302 I.P.C. and were also directed to serve out five years rigorous imprisonment for the offence punishable under section 307 IPC with fine of Rs. 500/- with default stipulations. Both the sentences were directed to run concurrently.

3.(i).Succinctly, the prosecution case, as divulged in First Information Report (in short F.I.R.) and other undisputed facts and circumstances, is that on 26.11.1982 at about 7.30 a.m. Informant Ghanjua S/o Matain, R/o- village Kahata, within circle of Police Station Ata, District Jalaun, orally informed to the P.S. Kadaura, about the incident occurred on 26.11.1982 at about 07.30 a.m. He informed that the accused appellants are originally residents of village Kahata, within circle of Police Station Ata, but since last few years they have started living in village Kanakhera, where the incident took place. In village Kanakhera the informant Ghanjua s/o Matain and his n