Witness testimony must be scrutinized, especially from interested parties; the prosecution's failure to prove guilt beyond a reasonable doubt warrants acquittal.

JUDGMENT :

Chandra Dhari Singh, J.

1. This criminal appeal has been filed against a judgement and order dated 19.12.1989 passed by the Special/Additional District and Sessions Judge, Saharanpur in ST No. 662 of 1988, under Sections 302 and 302/34 IPC, police Station Manglaur, district Haridwar, whereby the learned Judge convicted and sentenced the appellants Nepal, Raj Kumar and Ved Pal to life imprisonment under Section 302 read with 34 IPC whereas appellant Tejbir was convicted and sentenced to life imprisonment under Section 302 IPC.

2. Pursuant to the order of this Court dated 30.01.2026, criminal appeal filed on behalf of appellant No. 2, 3 and 4, namely Nepal, Ved Pal and Raj Kumar is disposed of as abated.

3. Now, this Court is concerned with the criminal appeal filed on behalf of appellant No. 1. Tejbir.

Facts of the case

4. The facts that formed the bedrock of the present criminal appeal, are that a written report was given by Asghar, son of Allah Rakha at the police station Manglaur, district Haridwar with the allegations that certain portion of land belonging to Bidmani Pandit was purchased by his brother Rahman. Nepal and Tejbir wanted to purchase the said land. At the time of purchase of the said land, altercation took place, due to which Nepal and Tejbir used to harbour animosity. When his brother was constructing the house over the said plot, they also made obstructions. In front of the house of his brother, there was a hut of Nepal and Tejbir and they were asked to remove the hut, but they refused and threatened of dire consequences. On 17.08.1987 at about 09:00 PM, when his cousin Rahman, Allah Rakha and Akram were coming back to village from Gurukul after supply of milk, on the way at the turning of Gurukul-Mohammadpur, they met Nepal, Tejbir, Ved Pal and Raj Kumar (herein after referred to as the accused), who were armed with country made pistols. On seeing his brother, accused-Nepal, Raj Kumar and Ved Pal exhorted that he be killed and thereupon Tejbir, with an intention to kill, fired at Rahman (hereinafter referred to as the deceased), due to which he fell down. However, accused managed to escape. The accused were identified by Allah Rakha and Akram in the light of torch and brought the deceased to Gurukul and the first informant was called from the village. Thereafter, deceased was taken to Muzaffarnagar.

5. On the basis of the aforesaid written report, a Chik FIR was registered by Clerk Constable Sunil Kumar, Ext. Ka-4, which was entered in GD, Ext. Ka-5.

6. After the registration of the case, the law set into motion and investigation of the case was entrusted to PW-5, SI Yogendra Singh. On the pointing out of witnesses Allah Rakha and Akram, he inspected the spot and prepared site plan, Ext. Ka-6. He also collected bloodstained and simple earth, Ext. Ka-7. Thereafter, he recorded the statements of witnesses Akram and Allah Rakha. After the death of the deceased-Rahman, he converted the case to one under Section 302 IPC vide GD No. 10 at 07:20 AM. Thereafter, the investigation of the case was taken up by SO Shri Virendra Kumar Sharma.

7. PW-4, SO Virendra Kumar Sharma in his examination- in-chief deposed that earlier investigation of the case was conducted by SI Yogendra Singh. On 18.08.1987, he recorded the statement of witness Bidmani Pandit. He arrested accused Raj Kumar on 24.08.1987, accused Nepal Singh on 25.08.1987 and accused Tejbir Singh on 02.09.1987. After completing necessary forma