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TMI Blog2005 (4) TMI 644X X X X Extracts X X X X X X X X Extracts X X X X ..... aifi 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 of the Indian Penal Code for which ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d 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 P ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d 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 stomach. If PW2 was really with her husband si ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... idence 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 either PW1 or PW2 at the time of occurrence. All t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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