The quality of evidence overrides quantity; testimony of related witnesses is admissible if credible. Non-signature of police documents by eyewitnesses does not invalidate testimony if the ocular account is substantively reliable and consistent with medical reports.

JUDGMENT :

(Per : DR. AJAY KUMAR-II, J.)

1. Heard Shri Jitendra Kumar Shishodia, Advocate assisted by Shri Arvind Giri, Advocate, Ms. Swati Pandey, Advocate as well as Shri Pranshu Gupta, Advocate for appellant no. 2 and Ms. Archana Singh, Advocate, representing the State-respondent and perused the record.

2. The instant Criminal Appeal under Section 374(2) of Cr.P.C. has been filed against the judgment and order dated 27.01.2003 passed by Additional and Sessions Judge, Ghaziabad in Sessions Trial No. 148/1998, arising out of Case Crime No. 47/1998, (State vs. Mukesh and others), under Section 302/34 IPC and in Sessions Trial No. 149/1998, (State vs. Mukesh and others) under Sections 25 & 4/25 Arms Act, Police Station Dhaulana, District Ghaziabad, convicting and sentencing the appellants for the offence under Section 302/34 IPC for life imprisonment and Rs.10,000/- fine and in default of payment of fine, one year additional rigorous imprisonment and under Section 25 and Section 4/25 Arms Act for one year and six months rigorous imprisonment respectively.

3. During the pendency of the instant appeal, the appellant no.1 Leela had died and appeal against him was declared to have abated vide order dated 17.03.2023. In connected Criminal Appeal No. 552/2003, the appellant no.1 Mukesh had died on 18.10.2017 and the appellant no.2 Bablu had died on17.08.20214, appeal against them was declared to have abated vide order dated 17.03.2023. The instant appeal survives adjudication only so far as it concerns the appellant no. 2 Pravesh.

4. Brief facts of the case are that the informant Mahipal filed an oral report at Police Station Dhaulana, District Ghaziabad stating that he had a land dispute case pending against Chheda, resident of his village, since around 1972. After Chheda's death, his sons Mukesh and Bablu alias Pappu were pursuing the case on his behalf. The informant had won the case in the Court of the Munsif Magistrate. Thereafter, the informant had also obtained a decree against Mukesh in connection with the case. Due to this case, Mukesh and his brother Bablu alias Pappu harbored enmity towards him and his son Jagpal Singh. On 16.04.1998, his son Jagpal and his brother-in-law (Sadhu) Shri Om, were going together on a bicycle from their village to Hapur via Sapnawat to meet lawyer regarding case. The informant and Rohtash Singh were following them on foot. His son Jagpal and his brother-in-law were about 50-60 steps ahead of them. At around 8:45 am, as they reached the culvert near Eklaidi on the canal embankment, four persons came from the direction of Eklaidi. These persons were Mukesh, Bablu alias Pappu, Pravesh, and Leela, all from their village. Mukesh said, "Let's see how he takes the land. Kill the bastard!" Then Pravesh and Leela hit Jagpal with sticks, causing him to fall off his bicycle. Mukesh then fired a shot from country-made pistol at Jagpal with