The prosecution failed to prove the charges beyond reasonable doubt due to inconsistencies in witness testimonies and lack of corroborative evidence.

JUDGMENT :

1. Heard Sri M.P. Yadav, learned counsel for the appellants, learned counsel for the informant, learned A.G.A. Sri Rahul Asthana, for the State and perused the material available on record.

2. Present criminal appeal has been filed against the judgment and order of conviction dated 20.12.1983, passed by learned Special Judge, Banda, in Sessions Trial No.112 of 1981, whereby the learned Special Judge, Banda (hereinafter referred as ‘trial court’) has convicted the appellants under Sections 447, 302/34, 394 IPC and sentenced them as under:-

(I) to undergo 3 months rigorous imprisonment under Section 447 IPC ;

(II) to undergo life imprisonment under Section 302/34 IPC ; and (III) to undergo 7 years rigorous imprisonment under Section 394 IPC. All the sentences were directed to run concurrently.

3. The factual matrix of the case is that upon an incident having taken place in the midnight of 19/20.1.1981, wherein Saroj, the wife of PW-1 Ram Adhar had died, a First Information Report was got lodged on 20.1.1981 at 11:15 AM by Ramadhar Singh. The case as has been taken in FIR is that while Ramadhar Singh and his wife were asleep in their house on the first floor in the midnight of 19/20.1.1981, four miscreants entered the house. In the FIR, a complete detail has been given as to who and where people were sleeping on the ground floor. It has been stated that the mother of the first informant Smt. Bilasiya and his sister Shyama Bai were sleeping in the eastern side of the ground floor and when there was some noise from the roof of the first floor, then the mother and wife of the first informant woke up. When the wife of the first informant reached the place from where the noise was coming, the four miscreants, who were carrying firearms, fired upon the neck of the deceased and the deceased, who was wife of the first informant fell down on the empty cot, which was lying over there. Upon her falling down, one of the miscreants took out from the neck of his wife a piece of jewellery (panch moharo ka gajra, sone ka). After the incident had taken place, PW-1 Ramadhar ran towards the miscreants and tried to catch hold of them and when he had caught hold of one of the miscreants, the others, with the butts of their guns started beating the PW-1. However, upon a hue and cry being raised by the first informant, his two brothers namely, Moti Lal Singh and Heera Lal Singh came armed with their guns and started firing upon the miscreants. When the guns were fired, upon hearing the sounds of the firearms, Ramraj Singh and Valle Singh also came with their validly licensed guns. Upon this, the miscreants jumped out from the eastern side of the house. While they were running away, the two brothers of the first informant alongwith Valle Singh and Ramraj Singh and others, who had assembled at the place of incident saw them running away. However, since the miscreants were firing upon the collected crowd, no one dared to further run towards them and catch hold of them. It has further been stated in the FIR that the miscreants had covered their faces with a piece of cloth (angauchha). In the scuffle which followed the firing, the three persons who had covered their faces with the pieces of cloths, could not hold their coverings back and the coverings fell away and, therefore, the first informant recognized them as Jageshwar Singh, son of Prahlad Singh, Vichitra Singh son of Baijnath Singh and Sriman, son of Jageshwar Singh. He has stated that he recognized the three miscreants fairly well in the light which was coming out from the lantern and the moon light. He has stated that his brothers had also recognized the three miscreants while they were running away. They were seen by the brothers and the others, who were collected at the place of incident in the lights of torches and in the moon light. The fourth miscreant whom the first informant had not recognized, had been described as a young man with an average built wearing dhoti, kurta and sadri. He