Prosecution must prove criminal charges beyond reasonable doubt; conviction based on unreliable witness testimonies and flawed evidence is unsustainable.

1. Heard Sri Brijesh Sahai, learned Senior Counsel assisted by Sri Bhavya Sahai and Sri J.S. Audichya, learned counsel for the appellants, Sri Imran Ullah and Sri K.K. Upadhyay, learned counsel for the informant and learned A.G.A. for the State and perused the material on record.

2. The aforesaid two criminal appeals arise out of judgment and order of conviction dated 18.12.2012 passed by the Additional District and Sessions Judge, Court No.6, Aligarh in Session Trial No. 600 of 2006 (State v. Pinkoo alias Jitendra and Smt. Ishwari Devi), concerning Case Crime No.04 of 2006, under S.302/34 and 114 ,I.P.C., Police Station Gandhi Park, District Aligarh and connected Session Trial No.601 of 2006 (State v. Pinkoo alias Jitendra), concerning Case Crime No.10 of 2006, under S.25, Arms Act , Police Station Gandhi Park, District - Aligarh, whereby the aforesaid two appellants have been sentenced to imprisonment for life, under S.302 read with S.34, I.P.C., coupled with fine against each to the tune of Rs. 20,000/- and in case of default in payment of it, the concerned convict would have to suffer additional rigorous imprisonment for one year. The appellant - Pinkoo alias Jitendra has also been sentenced to three years rigorous imprisonment coupled with fine Rs.5,000/- with default stipulation to suffer additional rigorous imprisonment for four months under S.25, Arms Act .

3. The aforesaid sentences awarded against appellant - Pinkoo alias Jitendra have been directed to run concurrently.

4. The factual matrix of the case as reflected from the F.I.R. pertains to fact that the written report was lodged by the informant - Indrabhan Singh Saini, son of Shri Ram Prasad, resident of Mali Ka Nagla (Shyam Bihari), Gandhi Park, Police Station - Gandhi Park, District - Aligarh on 04.01.2006 at 06:15 p.m. at Police Station - Gandhi Park, District - Aligarh against four persons including the present two appellants alleging therein that on 04.01.2006, it was around 05:30 p.m., the younger brother of the informant, Narendra Saini was standing in front of his house, when Pinkoo, Sonu, Monu, sons of Nem Singh arrived on the spot and Pinkoo, with intention to kill, fired on informant's brother with licensed rifle, while Sonu and Monu each gripped one arm of the victim and the mother of the accused 'Ishwari Devi' was exhorting her sons for firing. Sonu and Monu were also possessing illicit arms and they shot fire, due to which, the informant out of fear could not save his brother. The written report also includes description that the incident was witnessed by Chandrabhan, son of Ramroop and Vipin Kumar, son of Geetam Singh and others of the locality. After committing the offence, the assailants being pressurized by the locality secured their escape. The dead body was stated to be lying on the spot, while the informant came to lodge the report.

5. The relevant entry of this written report (Ext. Ka - 1) was noted in the concerned Check F.I.R. on 04.01.2006 at 06:15 p.m. at Case Crime No.04 of 2006 at Police Station - Gandhi Park, Aligarh, the same is (Ext. Ka - 4) and it was entered by S.I. Naresh Pal (P.W. - 3). He also registered case against the present appellant and others named in the F.I.R., vide Rapat No. 39 at 6:15 p.m. on 04.01.2006 at aforesaid police station under Sections - 302, 114/34 ,I.P.C.

6. The investigation ensued and was entrusted to the Investigating Officer, Jasvir Singh (P.W. - 10), who took note of the contents of the documents, say the F.I.R., recorded statement of Head Moharrir, Naresh Pal (P.W. - 3) and proceeded to the spot along with S.I. A