The prosecution failed to establish a credible case of murder beyond reasonable doubt, leading to the acquittal of the accused.

Judgment :

Sanjiv Kumar, J.

1. This criminal appeal has been preferred by the appellants, namely, Rahishe @ Rahise, Chhikani, Bakuni all sons of Munesara and Nazir son of Mahadev, all residents of Village Kesaria, Police Station Saini, District Allahabad, against the judgment and order dated 21.03.1990, passed by the Court of 5^th Additional Sessions Judge, Allahabad, in Session Trial No.308 of 1986, under Section 302 /34 Indian Penal Code (in short I.P.C.), Police Station Kokhraj, District Allahabad.

2. By the impugned judgment and order, the appellants, Rahishe @ Rahise, Chhikani, Bakuni and Nazir have been convicted for offence punishable under Section 302 /34 I.P.C. and sentenced to undergo imprisonment for life.

3. Feeling aggrieved by the impugned judgment and order, this appeal has been filed by all the four convicts. During the pendency of this criminal appeal, appellant No. 1, 2 and 4, namely, Rahishe @ Rahise, Chhikani and Nazir, have died, and the appeal against them stands abated vide order dated 04.11.2025. Therefore, the appeal has been heard in respect of the surviving appellant, Bakuni alone.

4. The brief facts of the prosecution case are that the informant, Babani, son of Kharsen, resident of Todi ka Purwa resident of Nevadia, Police Station Kokhraj, District Allahabad, gave an oral information at Police Station Kokhraj stating that Kallu was his real brother. Kallu’s daughter was married to Nazir’s son. There was animosity between the informant and Munesara, Nazir’s brother, for the last 20-25 years, which the informant had forgotten, and both parties had now become relatives. It is alleged that due to the old enmity, the accused, Chhikani, Rahise and Bakuni, in furtherance of their common intention, enticed the informant’s brother Kallu while they were in the market, to go along with them. Thereafter, the informant, his brother, and Heera proceeded with them towards Jamlamau, and when they reached in front of village Sanjhagarh at about 9-10 p.m., the accused quarrelled with Kallu bringing up issues about the old enmity. As the dispute escalated they assaulted Kallu with sticks (lathi) and (danda). When the informant and Heera tried to intervene, the accused chased them away. The informant and Heera went over to the latter’s house, believing that since the accused were their relatives, they would spare Kallu after a minor assault. However, in the morning, when they went there to take account of the situation, they found the informant’s brother Kallu lying dead at the place where the accused had battered him. Upon this oral information, an FIR was lodged giving rise to Case Crime No.85 of 1985, under Section 302 I.P.C., Police Station Kokhraj, District Allahabad on 23.05.1985 at 10.25 a.m., against Rahise @ Rahish, Chhikani, Bakuni and Nazir.

5. After registration of the FIR, investigation commenced. The Investigating Officer reached the place of occurrence and collected plain earth and blood-stained earth from the spot, securing it in a sealed box and prepared a recovery memo (Ext. Ka-10). The inquest was held and a report thereof was prepared. An autopsy followed. According to the post- mortem report, the deceased sustained seven injuries, including contusions, lacerated wounds, and incised wounds on different parts of the body, and in the opinion of the doctor, the cause of death was ‘shock’ and ‘coma’ as a result of the ante-mortem injuries. The Investigating Officer also recorded the statements of witnesses and inspected the place of occurrence. He prepared the site-plan