2005 (4) TMI 644

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....Singh, Kaushal Yadav, Shabana Saifi and Anil Hooda, Advs. JUDGMENT 1. This appeal by special leave is directed against the judgment and order of the High Court of Judicature at Allahabad dated 4th April, 1996 in Criminal Appeal No. 381 of 1991. The High Court, by its impugned judgment and order, allowed the appeal of the appellants herein and acquitted them of the charge under Section 302/34....

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....ied on the spot. PW2, Renuka Devi raised an alarm. PW1 who was returning from the village after fetching a basket also saw the entire occurrence and so did Mithu Lal, PW3 who was passing by. PW1, Hori Lal rushed to the police station and the first information report was recorded at 8.35 P.M. The investigating officer came to the place of occurrence and stayed overnight in the village. On the follo....

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.... the circumstances, PW3 cannot be considered to be a reliable witness. So far as PW2 is concerned, the High Court has discussed her evidence in detail and has come to the conclusion that her presence at the time of occurrence was doubtful. The medical evidence disclosed that the deceased must have taken his meals about three hours before the occurrence since semi-digested food was found in his sto....

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.... safe to rely on his testimony because his evidence clearly shows that he had an animus against the appellants. Moreover, his evidence was not corroborated by objective circumstances. Though it was his categorical case that all of them fired, no injury caused by rifle was found, and, only two wounds were found on the person of the deceased. Apart from this PW3 did not mention the presence of eithe....