- (1.) This appeal is directed against the judgment and order of the High Court of Judicature at Allahabad whereby the appellant stands convicted for an offence punishable under Section 307 of the Indian Penal Code and sentenced to rigorous imprisonment for five years.
(2.) The facts of the case are as under: 2.1 On 11th August, 1978, as Ram Vilas in PW 1, and his brother Shiv Vilas were returning home after visiting the temple about half a kilometre away from the village, they were waylaid by the appellant Ram Naresh and his father Jagannath (since expired). Jagannath was carrying a country made revolver whereas the appellant was armed with a single barrel shot gun. Jaganath exhorted the appellant that as Shiv Vilas was always coming in their way he should be killed. The appellant thereupon fired one shot at Ram Vilas which hit him on the head. The firing also attracted P.Ws 2 and 3 to the spot. The next morning Ram Vilas along with the injured Shiv Vilas went to Police Station, Makhi and a First Information Report was lodged for an offence punishale under Sections 307/34 IPC. On the completion of the investigation the accused were charged for the above offences. The trial court and the High Court have relied on the evidence of Ram Vilas P.W. 1 and Lalu P.W. 3 as eye witnesses of the occurrence, Shiv Vilas, in the meanwhile, having been murdered in some other incident.
(3.) Before the trial court as well the High Court, the primary argument made on behalf of the accused was that there was an inordinate and unexplained delay in the lodging of the FIR, that the evidence of the eye witnesses who were closely related to the injured was discrepant in material particulars, and that the medical evidence did not support the ocular evidence. These submissions have been rejected by both the courts below. Before us, today, Mr. Anurag Kishore, the learned Counsel for the appellant has reiterated the same arguments. We find from a reading of the evidence that there is no substantial delay in the lodging of the FIR. The incident happened in a village about 9 kms. away from the police station late in the evening and it would have been difficult for the complainant living in rustic and backward area to rush to the police station immediately. We also find no reason to disregard the evidence of Ram Vilas and Lalu, PWs. Admittedly, Ram Vilas was a brother of Shiv Vilas, the injured and Lalu was a close relative and also a party man. It must also be borne in mind that the incident happened in the year 1978 and the evidence was recorded in the year 1986. Some discrepancies are therefore bound to appear in the ocular evidence as memory fades with the passage of time.;