The prosecution must prove the case beyond reasonable doubt, relying primarily on credible eyewitness testimony and corroborative forensic evidence, particularly in murder convictions.

JUDGMENT :

Sanjiv Kumar, J.

1. This criminal appeal has been preferred, under Section 374(2) of the Code of Criminal Procedure, 1973 (for short, ‘Cr.P.C.’), by the appellant/ convicts, Matadin and Ram Kishan against the judgment and order dated 31.10.1984 passed by Mr. K.S. Srivastava, the then 1st Addl. Sessions Judge, Mainpuri in Sessions Trial No. 270 of 1983, State v. Matadin and another (arising out of Crime No.101 of 1983), under Section 302 of the Indian Penal Code (for short, ‘IPC’).

2. By the impugned judgment and order, both the appellants were convicted on the charge of murdering one Smt. Shyama Devi and sentenced to undergo imprisonment for life.

3. The brief facts of the prosecution case are that the informant, Ujagar Singh son of Ram Dayal, a resident of Village Khirna, Police Station Kurawali, District Mainpuri, lodged a first information report at Police Station Kurawali, District Mainpuri on 09.04.1983, stating therein that Smt. Shyama Devi, widow of late Daya Ram, was living in the informant’s house. A case with regard to a land dispute was pending between her and two brothers-in- law (husband’s brother), to wit, Matadin (Devar) and Ram Kishan (Jeth). On the fateful day at around 11 o'clock in the morning, her Devar Matadin and Jeth Ram Kishan came over brandishing pistols and both of them shot Smt. Shyama Devi, who was sitting near the hearth (chulha). She was hit in the arm and head, in consequence of which she died instantaneously. According to the informant, Mahender son of Guljari, Jivaram son of Ratiram and Ramlal son of Kharge, all residents of his village, were present at his house. All of them had congregated to go over to village Patharua to consider a groom for Jivaram's daughter and had witnessed the incident. All women in the informant’s house too had seen the incident. Upon the informant and the witnesses raising alarm and hearing gun fire, a multitude of men came over to the place of occurrence and saw Matadin and Ram Kishan brandishing country-made pistols.

4. Upon this information, chik First Information Report (for short, ‘FIR’), bearing Case Crime No.101 of 1983, under Section 302 IPC, was lodged at Police Station Kurawali, District Mainpuri, on 09.04.1983 at about 1:00 p.m. against Matadin and Ram Kishan. The investigation commenced. The Investigating Officer reached the place of occurrence and collected samples of blood stained and plain earth. He sealed them in a container and prepared a recovery memo (fard baramadgi), (Ext. Ka-10). The inquest was held and an inquest report along with other papers were prepared on the spot. Thereafter, the cadaver was sent for autopsy, where the post-mortem examination was done. The Investigating Officer recorded statements of the informant and other witnesses, inspected the place of occurrence and prepared a site-plan at the pointing out of the informant. After completion of investigation, the Investigating Officer submitted a charge-sheet under Section 302 IPC before the Magistrate.

5. The Magistrate took cognizance of the offence and summoned the accused. They appeared before the Cou