A witness's credibility must withstand scrutiny; inconsistencies in eyewitness accounts can undermine the prosecution's case to the point of reasonable doubt, leading to acquittal.

JUDGMENT :

1. This criminal appeal has been filed against the judgment and order dated 27.10.1983 and the sentence and conviction dated 29.10.1983 passed by the II^nd Additional Sessions Judge, Fatehpur.

2. Upon an alleged incident having taken place on 15.01.1981 at 8.00 a.m., the first information report in this regard was lodged at 1.30 p.m.. Thereafter, police got into action and started the investigation. The police took into its possession the plain soil and the soil laden with blood and prepared a memo, which was exhibited as Ex. Ka-12. Similarly, Spade (Farsa) was also taken into custody, the memo of which was prepared as Ex.Ka-13. Similarly, a Lathi of Baans was also taken into custody and a memo of which was prepared as Ex. Ka-14. Thereafter the Panchayatnama of the deceased was done. Along with the Panchayatnama and the first information report, which was lodged, the body was sent for post mortem on 16.01.1981. The dead body reached the mortuary at 3.45 p.m. and the post mortem thereafter was conducted on 17.01.1981 at 2.00 p.m. The police thereafter concluded its investigation and submitted its report. Upon the receipt of the report, the court of Sessions Judge, Fatehpur had framed the charges against the appellants, namely, Balloo, Pramod, Raja Babu and Anil on 28.04.1983 under Section 302 IPC read with Section 34 IPC. When the charges were denied, trial had commenced, which when ended in a conviction of the accused, the instant appeal was filed.

3. As per the First Information Report, the case of the first informant was that the uncle of the first informant, namely, Girdhari had gone to the eastern side of the village near the canal (Bamba Hall) for the purpose of irrigating his agricultural fields and while he was irrigating the fields, the appellant Balloo of the very same village, of which the first informant was came out from the side of the canal and called the uncle of the first informant towards the canal. Upon being so called the uncle of the first informant went up to Balloo and when the talks were over and the uncle was returning, it is the case of the first informant, from under the canal, where Lahi was growing Raja Babu, Anil and Pramod, the brothers of Balloo came out and they exhorted Balloo to kill his uncle-Girdhari as he was instrumental in getting the father of the appellants killed by Chandrapal etc.

4. It is stated in the first information report that they had exhorted each other to kill the uncle of the first informant Girdhari and to take the required revenge. It has further been stated that when the uncle upon being openly threatened by these accused persons started running towards the first informant, then Balloo, who was having a countrymade pistol fired upon the deceased. At that point of time Raja Babu also took out his countrymade pistol and fired upon the uncle of the first informant. Thereafter, the uncle of the first informant fell down. Not satisfied with just the firing, Pramod one of the accused persons also attacked the uncle with his Spade. It is still further the case of the first informant that when the first informant tried to save his uncle, he was also beaten by Anil with his Lathi. After the incident had occurred, the first informant raised a hue and cry. He has stated in the first information report that when the countrymade pistol was fired then Shivraj son of Puran, Kandhai son of Balkishan, Sukhdev son of Sundar and Chunnu Pasi came to the spot. He has stated that many others, who were present there to answer the call of nature near