A conviction requires consistent and reliable eyewitness testimony, and discrepancies can undermine the prosecution, emphasizing that even if some evidence is discredited, it doesn't invalidate the entire case unless it leads to reasonable doubt.

JUDGMENT :

1. Heard learned counsel for the applicant and Sri Amit Sinha, learned AGA for the State.

2. Upon an incident having taken place on 16.03.1980 at around 7:00 pm, a first information report was lodged by one Amiruddin S/o Mohd. Chand at 7:45 p.m. alleging that on 16.03.1980 at around 7:00 pm Qamre Alam and Shamsey Alam were going past the house of Nisarullah and because of old enmity Rafiq & Habib the sons of Sagir Ahmad, Riazuddin S/o Sakaidi, Bhola S/o Tahir Mohd and Sarfarz S/o Barkat Mohd assailed the two, namely, Qamre Alam and Shamsey Alam by lathis and had also fired upon them. He has stated that the incident was witnessed by Gabbu Lal Gupta, Ataullah and Shakil. Apart from these three, it has been stated in the first information report itself that many others had witnessed the incident. It has been stated in the FIR that Qamre Alam because of an injury on his head and Shamsey Alam because of injuries of lathi on his body had suffered physical injuries. They were therefore taken to the hospital and thereafter the first informant had gone to the police station to lodge the first information report. Upon lodging the first information report, the police conducted the investigation and collected the plain soil along with blood stained soil and a memo in this regard was prepared as Ex.Ka-20. In investigation, various medical reports which were got prepared vis-a-vis Shamsey Alam were exhibited as Ex.Ka-12 and vis-a-vis Habib an accused in the case the reports were exhibited as Ex.Ka-22. Thereafter the panchayatnama was prepared and the body of Qamre Alam was sent for postmortem. Upon the completion of the investigation, the police submitted its report and, thereafter, the court took cognizance on the report. On 11.12.1980, the court framed charges against the accused Habib, Bhola, Riazudding and Sarfaraj under sections 147, 302 read with section 149. Vis-a-vis the accused Rafiq, the charge was framed on 11.12.1980 under section 148, 302 and 307 read with section 149 of IPC. When the accused denied their charges, the trial commenced.

3. P.W.-1 is the first informant namely Amiruddin. In his statement in chief he has narrated the incident as was given out in the first information report and has also stated the cause for the incident, which according to him, was enmity between the accused persons and the deceased and the injured Shamsey Alam. It has been stated that Shamsey Alam had filed a complaint against one Alisher who was the tenant of the aunt (chachi) of the first informant who was known by the name of Shakil. Alisher had a friend by the name of Sartaz and Sartaz was the brother of Sarfaraj. It has been stated in the statement in chief that because of the fact that Shamsey Alam had filed a complaint against Alisher and Sarfraz, the latter was inimical to the deceased Qamre Alam and the injured Shamsey Alam and, therefore, the accused persons who were friends had, in a planned manner, tried to do away with the deceased Qamre Alam and his brother Shamsey Alam. It has further been stated in his examination in chief that apart from a complaint which Shamsey Alam had filed another incident was responsible for triggering off the attack on the deceased Qamre Alam and the injured Shamsey Alam. It has been stated that on the date of incident in the mohalla where they were staying, a barat had gone to Mohalla Terapur and in that barat the injured Qamre Alam and the deceased Shamsey Alam had also gone. When a ceremony of the distribution of Chohara was going on, there wa