Eyewitness testimony, even from related witnesses, can sustain a conviction if corroborated by cohesive evidence; procedural lapses in FIR handling do not necessarily vitiate a trial.

JUDGMENT :

Rajnish Kumar, J.

(1) The instant criminal appeal under Section 374 of the Code of Criminal Procedure, 1973 (here-in-after referred to as “Cr.P.C.”) has been filed by the accused/convicts/ appellants, Avadh Narain (Avadh Narain Singh), Balwant Singh, Mukundi Singh and Jangi alias Balram Singh, assailing the judgment and order dated 08.12.1982 passed by IV Additional Sessions Judge, Faizabad, in Sessions Trial No. 343 of 1979; State Versus Awadh Narain and others, emanating from Case Crime No. 215 of 1978, under Sections 148 and 302/149 of the Indian Penal Code, 1860 (here-in-after referred to as “I.P.C.”), Police Station Kotwali Faizabad, District Faizabad (Now Ayodhya).

(2) The prosecution case, in brief, is that complainant Ram Abhilakh, had submitted a written report (Ext. Ka.1) at Police Station Kotwali Faizabad, district Faizabad on 13.05.1978, at 07:48 P.M., alleging therein that at about 05:30 in the evening, his son Bhaskar had gone with his brother Prabhakar. At that time, he was at home in Niyawan. Bhaskar came and told him that when his brother (Prabhakar) was taking tea at Tarang, the accused Avadh Narain, who had taken the contract of the cycle stand at Tarang, started exchanging hot words with brother (Prabhakar) and the situation escalated to scuffle and altercation and some people intervened and separated them, but accused Avadh Naraian was saying that he would see as to how he will go, therefore, you (complainant) immediately go to Tarang. He immediately proceeded and at about 6:15 p.m., when he reached on the eastern corner of the house of Ram Singh, he saw that Avadh Naraian, Balwant, Mukundi, Munna, Jangi and two other persons, who could be identified by him on seeing them, were assaulting Prabhakar with knives. When Ram Anjor reached there to rescue him, they (accused persons) stabbed him also with knives and knocked him down. Witnesses Mansharam of Badai Ka Purwa, Ram Chandra son of Ishwar of Haripur, Dev Narayan son of Hausila resident of Dugwa and Ram Chandra son of Nand Kishore resident of Mauja Pure Chandka and many people on Lucknow–Ayodhya Road saw the incident. On the alarm raised by the witnesses, the accused persons fled away leaving them there. The occurrence took place on the southern pavment, where they are lying dead. The accused persons belong to a gang. Report may be written and necessary action be taken.

(3) On the basis of the aforesaid written report, F.I.R., bearing Case Crime No. 215 of 1978, under Sections 147, 148, 149, 302 I.P.C. was registered at Police Station Kotwali district Faizabad against Avadh Narain, Balwant, Mukundi, Munna, Jangi and two unknown persons on 13.05.1978 at 07:48 P.M.

(4) The investigation of the case was entrusted to S.I. Rana Pratap Singh. He, along with police personnel Ambika Prasad Shukla, S.I. Lal Bahadur Singh and complainant, reached the place of occurrence at about 08:30 p.m. and found the dead bodies of Prabhakar and Ram Anjor at the spot. Thereafter, on his direction, S.I. Ram Lakhan Ojha conducted the inquest proceedings and prepared the inquest report, photo lash, challan lash, sample seal of the dead bodies, letter to C.M.O. and other papers. Thereafter, S.I. Rana Pratap Singh prepared site plan and also collected blood stained soil and plain soil from the place of occurrence in two separate containers and prepared under recovery memos. A piece of the shirt, which was lying near the dead body of Prabhakar, was also taken into custody and prepared a recovery memo.

(5) The post-mortam of the dead bodies of the deceased Prabha