STATE OF U P Vs. GAMBHIR SINGH

JUDGEMENT

(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 judg- ment and order, allowed the appeal of the ap- pellants herein and acquitted them of the charge under Section 302/34 of the Indian Penal code for which they were convicted and sen- tenced to life imprisonment by the 1st Addi- tional Sessions Judge, Mainpuri in Sessions trial No. 41 of 1980 by his judgment and or- der of 6th February, 1981.

(2.) We have heard counsel for the parties.

(3.) The occurrence is said to have taken place on 5.10. 1979 at about 4. 00 p. m. in village Vikrampur, P. S. Kishni. The case of the prosecution is that PW 1 Hori Lal, the deceased netra Pal Singh, and his wife Renuka Devi, pw2 were working in the fields. The deceased sent his brother PW1 to bring a basket. His wife felt thirsty and they were going to drink water nearby when all the three accused arrived there armed with rifle, gun and country made pistol. All of them fired from behind as a result of which Netra Pal fell down and died 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 following day he recorded the statement of PW1 and PW2. The statement of PW3 was recorded on 27.11.1979 i. e. almost a month and 11 days later.