REPORTABLE

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO.674 of 2006

State of U.P.

…Appellant

Versus

Naresh & Ors.

…Respondents

J U D G M E N T

Dr. B.S. CHAUHAN, J.

1.

This appeal has been preferred against the judgment and order

dated 19.5.2004 passed by the High Court of Judicature at Allahabad

in Criminal Appeal No.2866/1980, acquitting the respondents by

reversing the judgment and order dated 9.12.1980, passed by the

Sessions Judge in Sessions Trial Nos.181 and 182 of 1980, convicting

the said respondents under sections 302/34, 307/34 and 379/34 of the

Indian Penal Code, 1860 (hereinafter called the `IPC’) and sentencing

them under the first count to life imprisonment, under the second

count to rigorous imprisonment for 5 years and under the third count

to rigorous imprisonment for 2 years. However, all the sentences

were directed to run concurrently.

2.

Facts and circumstances giving rise to this appeal are that on

16.10.1979, in the morning Naresh, respondent no.1 herein, started

digging the (Chak Road) to create a passage from the field of the

informant Subedar (PW.1). He was stopped by Balak Ram (PW.5).

Naresh, respondent no.1, not only abused Balak Ram (PW.5), but also

assaulted him and threatened him that he would face dire

consequences. With regard to this, Balak Ram (PW.5) lodged the

complaint of the incident at about 9.30 a.m. in Police Station, Kampil,

District Farukhabad. Balak Ram (PW.5) was accompanied to the

police station by the informant Subedar (PW.1) and their uncle Sri

Ram (deceased). Balak Ram (PW.5) and Sri Ram (deceased) had a

rifle and a gun with them.

3.

After lodging the complaint in the police station, Kampil, one

of them, went to the market to make some purchases and,

subsequently, they returned to their village in the evening. While

coming back to their village Karanpur, from Kampil, at about 5 p.m.

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on Kampil - Aliganj Road, as soon as they approached the fields of

Gajraj and Ganga Ram; they found the four accused (respondents

herein) emerging out from the bushes armed with gun and country

made pistols. They hurled abuse at them and also opened fire. Sri

Ram and Balak Ram (PW.5) received gun shot injuries. Sri Ram died

on the spot, however, Subedar (PW.1) escaped unhurt. After hearing

a distress cry, some persons working in the nearby fields rushed

towards the place of occurrence. The accused ran away from the

place of occurrence snatching the gun, rifle and ammunitions from the

victims.

4.

After the arrival of the family members of the victims and some

villagers at the place of occurrence, Subedar (PW.1) went to the

police station in Kampil, at a distance of 6 miles from the place of

occurrence, and lodged the First Information Report (hereinafter

called the “FIR”) at 9.30 p.m. naming all the accused. Injured Balak

Ram (PW.5) was sent for a medical examination at Public Health

Centre, Kayamganj which was at a distance of 20 k.m from the place

of occurrence. He was examined on the same day by Dr. R.C. Gupta

(PW.3) at 10.30 p.m. The Investigating Officer reached the place of

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occurrence at 10.15 p.m. on the same night, however, the inquest

could not be prepared at night due to inadequate light.

5.

Ultimately, inquest proceedings could be started at 6.30 a.m. on

17.10.1979. The body of Sri Ram (deceased) was sealed and handed

over to Sughar Singh, Constable (PW.9) for taking to the mortuary for

post-mortem at Fatehgarh. The I.O. prepared the site plan and started

investigation. As none of the accused could be traced, proceedings

under Sections 82-83 of the Code of Criminal Procedure, 1973

(hereinafter called “Cr.P.C.”) were initiated on 21.10.1979. For that

purpose, the Magistrate issued notices on 25.10.1979. In view

thereof, two accused, namely, Naresh and Shyam Singh surrendered

on 25.10.1979 in the court of the