Acquittal justified where prosecution evidence suffers contradictions in eyewitness accounts, lack of corroboration for key allegations like firing, non-examination of Investigating Officer and doctor, unclear injury attribution, and no motive, creating reasonable doubt.

JUDGMENT :

Garmia Prashad, J.

1. Heard Mr. Kamlelsh Kumar Tripathi, learned counsel appearing on behalf of the surviving appellant No.2, namely, Nathhi in Criminal Appeal No.639 of 1984 and appearing as Amicus Curiae for appellant No.2, namely, Bharat in Criminal Appeal No.428 of 1984 and Ms. Manju Thakur, learned A.G.A.- I appearing for the State. Perused the record.

2. As both the appeals arise out of a common judgment and order dated 8.2.1984, they have been heard together and are being decided by this common judgment.

3. These criminal appeals have been preferred against the judgment and order dated 08.02.1984 passed by the learned Additional Sessions Judge-X, Agra in Sessions Trial No. 363 of 1983 (State vs. Raghuveer Singh and others), arising out of Case Crime No. 131 of 1983, under Sections 302 and 307 I.P.C., Police Station Achhnera, District Agra, whereby all the four accused persons, namely Raghuveer Singh, Natthi, Jagram and Bharat, were convicted under /34 and 307/34 I.P.C. and sentenced to imprisonment for life under Section 302/34 I.P.C. and rigorous imprisonment for ten years under Section 307/34 I.P.C., with the direction that both the sentences would run concurrently.

4. During the pendency of the present appeal, appellants Raghuveer Singh and Jagram died. In view thereof, the appeal stands abated so far as they are concerned. The appeals now survive only in respect of appellants Natthi and Bharat.

5. The prosecution case, as disclosed in the written report lodged by the informant Tej Singh and as reflected from the First Information Report, is that on 25.05.1983 at about 6:00 p.m., Tej Singh, Than Singh, Shaitan Singh and Tikam Singh, residents of village Raibha, were proceeding towards the well situated near the temple of Vankhandi Mahadev for the purpose of bathing. On the way, an altercation took place between Than Singh and the son-in-law of one Nabba alias Nappa, resident of village Madi Har. It is stated that during the said altercation some quarrel and scuffle took place between them. The persons accompanying them intervened and the quarrel was pacified. Thereafter they proceeded further towards the temple of Vankhandi Mahadev.

6. It is further alleged in the written report that at about 7:00 p.m., when Than Singh and Tikam Singh were exercising near a hut situated in the agricultural field (chak) of Ganga Singh, the accused persons namely Raghuveer Singh, Bharat, Natthi and Jagram came there. Raghuveer Singh was armed with a gun, Bharat with a countrymade pistol and Natthi and Jagram were carrying knives. Upon reaching there the accused persons began saying that Than Singh had beaten the son-in-law of Nabba and therefore he should be punished. Thereafter Natthi and Jagram started stabbing Than Singh with knives. When Than Singh raised alarm, Tikam Singh, Tej Singh, Shaitan Singh and others rushed to save him. It is further alleged that the accused persons then assaulted Tikam Singh also with knives.

7. As per the prosecution, Raghuveer Singh and Bharat fired from their respective firearms. On hearing the alarm and upon being challeng