The prosecution failed to prove guilt beyond reasonable doubt due to significant inconsistencies in eyewitness testimony and medical evidence.

JUDGMENT :

Sanjiv Kumar J.

1. Both these criminal appeals have arisen from a common judgment of conviction and sentence passed by the Court of the 5th Additional Sessions Judge, Allahabad in Sessions Trial No. 540 of 1985 ( State Vs. Udai Narain and others ), under Sections 147 , 302/149 Indian Penal Code, 1860 (‘ IPC ’, for short), Police Station Soraon, District Allahabad. As both these appeals have been filed against a common judgment and order, the same are being decided by a common judgment.

2. Criminal Appeal No. 1071 of 1987 has been filed by appellants Lala s/o Jhurai and Amrit Lal s/o Shyam Lal, both residents of Village Bhadri, P.S. Soraon, Allahabad, whereas Criminal Appeal No. 1069 of 1987 has been preferred by appellants Uadi Narain s/o Mahadev, Dayaram s/o Jagannath, Jai Ram s/o Mahadev, Ram Awadh s/o Baij Nath, Maharani Deen s/o Lala, Harish Chandra and Kallu both s/o Ram Sewak, Hari s/o Gurai, Ram Sunder @ Bhola Pradhan s/o Punni, all residents of Village Bhadri, P.S. Soraon Allahabad. By the judgment and order impugned passed by the learned Trial Court, all the appellants have been convicted for the offence punishable under Section 147 IPC and sentenced to undergo one year’s rigorous imprisonment and imprisonment for life for offence punishable under Section 302 read with 149 . It was further directed by the Trial Court that all the sentences shall run concurrently.

3. During the pendency of both these appeals, appellant no.1 Lala in Criminal Appeal No. 1071 of 1987 has died and the appeal against him, therefore, abated. The abatement was recorded vide order dated 03.11.2025. In Criminal Appeal No. 1069 of 1987, appellant no.1 Udai Narain, appellant no. 2, Dayaram, appellant no.3, Jai Ram, appellant no.4, Ram Awadh, appellant no.5, Maharani Deen, appellant no.8 Hari and appellant no.9, Ram Sunder @ Bhola Pradhan have died and the above appeal against them has been abated vide order dated 03.11.2025.

4. Now Criminal Appeal No. 1071 of 1987 survives to be heard on behalf of appellant no.2 Amrit Lal alone and Criminal Appeal No. 1069 of 1987 on behalf of appellant no. 6 Harish Chandra and appellant no.7 Kallu.

5. Brief facts of the prosecution case are that informant Ram Kishor s/o Bhagirathi, resident of Bhadri, Police Station Soraon, District Allahabad, filed a written information (Tehrir) (Ext. Ka-1) before the In- charge, Police Station Soraon on 08.07.1982, saying that he was a labourer. His brother Ram Dulare used to guard the crop of bhata (brinjal) sown near the south-west bank of the canal located in village Bhadri. Today also, he went there to guard the crop. At about 01:00 a.m. in the wee hours, the informant's uncle Pancham came over to him and told him that near the (railway) station, some people were beating Ram Dulare and threatening him to work for them, instead of working for the assailants’ opponents. Thereupon, he along with, his uncle Pancham and Nanku (cousin) reached the vicinity of the railway station and heard some noise that was coming from the west of the railway line. They reached