The central legal point established in the judgment is the reliance on the credibility of eye witnesses and the corroborating medical evidence in determining the guilt of the accused.

I.S. Shrivastava, J.

1. Being aggrieved by the judgment of conviction and sentence dated 20-1-2005 passed by Smt. Sunita Yadav, 1st Additional Sessions Judge, Chhatarpur, in Sessions Trial No. 147/2003 convicting the appellants under Section 302/34 of IPC and sentencing with Rigorous Imprisonment for life and fine of Rs. 10,000/-, in default six months' Rigorous Imprisonment, this appeal has been preferred by the appellants.

2. The brief facts of the prosecution case are that on 6-6-2003 marriage ceremony of daughter of Ganesh Prasad was being celebrated in Shantinagar Colony, Chhatarpur. Deceased Deendayal was also present there. While deceased Deendayal was sitting with other villagers, Bablu Singh (P.W. 2) and Chintu (P.W. 7) in a tent, at that time the accused persons came in a Jeep at about 10.45 p.m. at the place of incident. Accused Gajendra Singh alighted from the Jeep, he was having 315 bore rifle. Along with him accused Katare Raja, Ravindra Raja and Chhatrapal Singh also alighted from the Jeep. On exhortation of accused Katare Raja and Ravindra Raja, the accused Gajendra Singh fired gun shot on Deendayal due to which Deendayal fell down on the ground. Accused Gajendra Singh fired second gun shot causing injury and thereafter all the accused persons ran away in the jeep. The information about the incident was given on phone to the Police Station Civil Lines. Due to gun shot injury Deendayal died on the spot. The witness to the incidents were Bablu Singh, Chintu, Makhan, Kittu Lodhi and others. After committing murder the accused persons Gajendra Singh, Ravindra, Chhatrapal and Katare ran away in the jeep. The accused persons were having enmity with Deendayal due to the murder of Jangbahadur. The report of offence was made by Bablu Singh, on the basis of which Crime No. 125/2003 under Section 302/34 was registered against the accused persons at Police Station Civil Lines, Chhatarpur. After investigation challan was filed against accused Gajendra Singh, Ravindra Singh @ Munna Raja, Katare Raja @ Katte Raja and Chhatrapal Singh and after trial appellants/accused persons were convicted as above mentioned.

3. This appeal has been preferred by the appellants- accused persons on the ground that there is no proper appreciation of the evidence, there is delay in lodging the FIR, the learned Court below has committed error in believing the story of the witnesses who were not present on the spot, they were not the eye-witnesses but plotted witnesses, the plea of enmity was proved. The learned Court below has also failed to consider the fact that on the basis of anonymous telephone message the police had reached on the spot and Dehati Nalishi was written on the basis of information provided by Bablu Singh (P.W. 2) nephew of the deceased Deendayal. In fact Bablu Singh (P.W. 2) was not present on the spot. On the aforesaid grounds, learned Counsel for the appellants prays for setting aside the impugned judgment.

4. In reply, the learned Counsel appearing for the State argued that the findings have been recorded on the basis of evidence adduced. The grounds raised in the appeal are baseless and delay in lodging the FIR has been properly explained and has argued that the appeal being devoid of merits is liable to be dismissed.

5. The main point for determination of this appeal is that whether the evidence has been properly appreciated by the Court below or not? Whether the appeal deserves to be allowed.

6. As regards the delay in lodging the FIR is concerned, the incident took place at 22.45 hours on 6-6-2003 and FIR was lodged on 7-6-03 at 00.30 hours, which was registered on the basis of merg report No. 0/03 which was prepared on the spot at 23.30 p.m. Bablu Singh (P.W. 2) lodged the FIR (Exh. P-12). He has deposed that after the incident, he ran towards the Police Station Civil Lines along with Makhan, Kittu, Chintu and other persons. On the way, some people told them that the Police had reached the spot, he should go there and