JUDGMENT :

DIPANKAR DATTA, J.

THE CHALLENGE

1. These two criminal appeals, arising out of the same occurrence, call in question the judgment and order of the High Court of Judicature at Allahabad dated 9th July, 2014 dismissing Criminal Appeal No. 539 of 1986 [being an appeal under section 374(2) of the Code of Criminal Procedure (hereafter “Cr.P.C.” for short)] carried by the appellants from the judgment and order dated 29th January, 1986 of the Court of IInd Additional Sessions Judge, Shahjahanpur, Uttar Pradesh, in S.T. No. 499 of 1985.

FIRST INFORMATION REPORT (F.I.R.)

2. Narayan, father of Ram Vilas, was murdered in the morning of 5th September, 1985 round about 10.00 hours. A written complaint was lodged soon thereafter, at about 12.10 hours, by Ram Vilas leading to registration of an F.I.R. under section 302 of the Indian Penal Code (hereafter “IPC” for short). One Dr. Mohd. Hanif Khan was the scribe of the said FIR. Munna Lal, Sheo Lal, Babu Ram, and Kalika were accused of committing such murder.

INQUEST

3. Consequent upon registration of the F.I.R. Shailendra Bahadur Chandra, the Station Police Officer of Police Station Tilhar (who was also the Investigating Officer) proceeded to