Eyewitness accounts, including those of child witnesses, can uphold criminal convictions despite minor discrepancies, provided the core consistency and reliability are established.

JUDGMENT :

CHANDRA DHARI SINGH, J.

1. This criminal appeal has been filed against a judgement and order dated 06.07.2017 passed by the Additional District and Sessions Judge, Anoopshahr (Bulandshahr) in ST No. 310 of 2012 arising out of case crime No. 400 of 2011, under Sections 302/34, 307/34, 509/34 and 506 IPC, police station Dibai, district Bulandshahr whereby the learned Judge convicted and sentenced the appellants Lakhmi, Languri and Yogesh as under:-

(a) Life imprisonment and a fine of Rs. 50,000/- each under Section 302/34 IPC and in case of default in payment of fine, six months’ additional simple imprisonment.

(b) Twelve years rigorous imprisonment and a fine of Rs. 25,000/- each under Section 307/34 IPC and in case of default in payment of fine, three months’ additional simple imprisonment.

(c) Two years simple imprisonment and a fine of Rs. 1000/- each under Section 509/34 IPC and in case of default in payment of fine, fifteen days additional simple imprisonment.

Appellant Languri and Yogesh were further convicted and sentenced to two years simple imprisonment under Section 506 IPC.

However, all the sentences of the appellants were directed to run concurrently.

2. By the same impugned judgement and order, the learned Judge acquitted appellant Lakhmi of the offence under Section 506 IPC.

Facts of the case

3. The facts that formed the bedrock of the present criminal appeal, in short compass, are that a written report was given by Devi Singh, son of Nannu Singh, resident of Danapur, police station Dibai, district Bulandshahr with the allegations inter alia that his nephew Lakhmi Singh, son of Karan Singh was harbouring animosity due to the land of his brother Chhiddu, because Chhiddu has got the deed (Wasiyat ) of his land done in favour of his son Het Ram. Lakhmi Singh was demanding share in that land. The first information report further recounts that on 30.12.2011, his wife Chameli Devi along with her grandson-Krishna Kumar aged about 6 years was coming to her house from her field, appellant Lakhmi and his sons Languri and Yogesh, were sitting in ambush in front of the house of Komal. Appellant-Lakhmi was armed with Lathi and Daav (Banka), appellant-Languri was having knife and appellant Yogesh was carrying gun and as soon as his wife came under the tree of Jamun at 03:15 PM, all the three appellants with common intention surrounded her wife and knocked her down and made indiscriminate firing on her and also assaulted her with Daav and knife and all of them beheaded her wife and hung the head on the tree. The appellants also cut the stomach of the deceased. The first information report further alleges that his grandson (Nati) has also received fire arm injury. On hearing the noise, when he along with his son Het Ram and Heera Lal and several persons of the village rushed to the spot and on being challenged, the accused Languri and Yogesh fled away from the spot extending threat, whereas appellant-Lakhmi armed with Daav, started jumping and dancing near the corpse, due to which no one could dare to apprehend him. Chaos erupted in the village. Woman closed their doors and law and order situation in the area got disturbed. Police reached at the spot and apprehended the accused along with Daav.

4. On the basis of the aforesaid report, a case was registered at case crime No. 400 of 2011, under Section 302/34 IPC, police station Dibai,