JANAK SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The appellants were convicted for offences punishable under Section 302 read with Section 34 of the Indian Penal Code 1860 (in short the 'IPC') and sentenced to undergo life imprisonment by the trial Court. They did not get any relief from the Allahabad High Court which by the impugned judgment upheld the conviction and sentence.

(2.) The prosecution version as unfolded during trial is as follows :

(3.) The main stand of the accused persons before the High Court was that evidence of PW-1 did not inspire confidence as it was at a great variance with the medical evidence. Therefore, he being an interested person who would be beneficiary if the accused persons are convicted, without corroboration his evidence should not be acted upon. The specific plea regarding the variation of PW-1's evidence vis-a-vis medical evidence was with reference to distance. According to the doctor, the gun shot which caused injury was fired from a distance of about 3-4 ft. According to PW-1, the distance was about 20-25 ft. The trial Court noticed that PW-1 was a person who even did not know how to sign and gave thumb impression. His perception of distance being that of a layman, no undue importance should be attached to the estimated distance. Similar plea raised before the High Court also did not find acceptance.