The credibility of witness testimonies in criminal trials requires careful scrutiny, particularly when they are related to victims, and the prosecution must establish guilt beyond a reasonable doubt.

JUDGMENT :

Jitendra Kumar Sinha, J.

1. Heard Sri Akhilesh along with Ripu Soodan Yadav, learned counsel for the appellant no. 2 and Sri Rahul Asthana, learned AGA for the State.

2. The appellants by way of this appeal have challenged their conviction under section 302 r/w 149 IPC and under section 148 IPC and sentence of imprisonment for life under section 302/149 IPC and sentence of two years rigorous imprisonment under section 148 IPC. All the sentences have been ordered to run concurrently.

3. Vide order dated 11.3.2019, the appeal stood abated in respect of appellant no.1-Harswarup, appellant no. 3-Jawahar and appellant no. 4-Tulsi and vide order dated 27.2.2024, the appeal stood abated in respect of appellant no. 5-Bhagat Singh. Now the appeal is surviving only in respect of appellant no. 2-Suresh.

4. The prosecution case in brief is that the informant Kunwar Pal gave a written report to the SHO of police station Kosikala District Mathura stating therein that Harswarup, Charan Singh and Kishan Dutt are real brothers. The informant, Charan Singh and Kishan Dutt used to live together and Harswarup was living separately from them. It is further submitted that a dispute was existing regarding the partition of the dwelling house of the informant side as stated above. On the date of giving written report i.e. on 17.9.1984, the brother of the informant Charan Singh was ploughing the field of Mahendra son of Jagram by Mahindra Eicher Tractor and his elder brother Kishan Dutt and his son Sundar Sher Singh were ploughing their field which was in his common share by the tractor. He and Mahendra Singh had gone to deliver afternoon meal to Charan Singh, Kishan Dutt and his son Sundar Sher Singh and they had taken the meal together. After taking the meal, Charan Singh started ploughing the field and he, Mahendra Singh and his brother Kishan Dutt and his son Sunder sat under the Choker tree and were talking to each other. At about 1:30 P.M. Harswarup, Suresh, Jawahar, Bhagat Singh and Tulsi and one other person whose name he did not know but he could identify by face reached there. Harswarup, Tulsi and Bhagat Singh were armed with country-made pistol whereas Suresh and Jawahar were armed with gun and one person whose name he did not know but he could identify by face reached there, was armed with ballam (spear), stopped Charan Singh and aforesaid persons assaulted them by opening fire with their country-made pistol, gun and by ballam (spear) and his brother received fire arm injuries and when the informant rushed to save his brother, he was also fired upon by them but he somehow escaped unhurt and they fled towards Nagla Atra. When the assailants left the place, they came there and saw Charan Singh was lying dead on driving seat of the tractor. The informant has further stated that due to fear of the assailants, he reached the police station leaving behind the dead body of Charan Singh and the tractor at the place of occurrence.

5. On the basis of above written report, case Crime No. 157 of 1984 was registered under sections 147, 148, 149, 307 and 302 IPC against Harswarup, Suresh, Jawahar, Bhagat Singh and Tulsi and one person who could be identified by face. The investigating officer conducted the investigation and submitted charge sheet against Harswarup, Suresh, Jawahar, Tulsi and Bhagat Singh under sections 147, 148, 149, 307, 302 IPC

6. Learned Magistrate took cognizance of the offence and committed the case to the court of Session. The learned Sessions Judge Mathura framed charge against the accused Harswarup, Suresh, Jawahar and Tulsi and Bhagat Singh under sections 148, 302 r/w 149 and 307 IPC.

7. The prosecution, in order to bring home the charge, has produced Head Constable Deen Dayal Upadhaya as P.W. 1, Constable Ram Naresh as P.W. 2 , Kunwar pal as P.W. 3, Mahendra as P.W. 4, Dr. P.P. Pathak as P.W. 5, Kishan Dutt as P.W. 6, Rajendra Singh Tomar as P.W. 7

8. The prosecution has also proved documentary evidence, as F.I.R.-Ex.Ka1, Wri