'Tainted and One-Sided' Probe Frees Two After 40 Years in Village Murder Row

In a scathing rebuke of sloppy policing, the Allahabad High Court has acquitted Chet Ram and Rameshwar, overturning their life sentences for a 1986 murder conviction. A bench of Justice Chandra Dhari Singh and Justice Devendra Singh-I ruled that the investigation was fundamentally flawed, ignoring the accused's earlier complaint and medical evidence of their injuries. Appeals by co-accused Rammu and Misri had abated due to their deaths during proceedings ( Rammu and others vs. State of U.P. , Criminal Appeal No. 1441 of 1987; 2026 LiveLaw (AB) 213 ).

From Rs 220 Loan to Fatal Clash

The roots lay in a modest village dispute in Baraura, Shahjahanpur district. Rajpal had loaned Rs 220 to Rameshwar a year earlier, securing 1.5 bighas of land as interest until repayment. Tensions boiled when Rameshwar tilled the land without settling the debt. On August 18, 1986, around evening, lathis flew in a brutal encounter at Rajpal's doorstep.

Prosecution's story, via first informant Bhikhari Lal (PW-1, Rajpal's uncle): Rameshwar, Chet Ram, Rammu, and Misri attacked Rajpal at 5 PM, beating him fatally. Bhikhari and Babu Ram (PW-2, injured brother) intervened, suffering blows but fighting back in self-defense. Rajpal died en route to the police station; FIR lodged next morning at 8:15 AM under Sections 302/323 IPC, blaming floods for the 15-hour delay.

Accused's counter: Rameshwar's non-cognizable report (Ext. Kha-1), filed just after midnight (00:15 AM, claiming 8 PM incident), named Rajpal, Babu Ram, and Bhikhari as aggressors who trespassed and attacked first. Rameshwar, Chet Ram, and Misri claimed pure self-defense.

Sessions Judge, Shahjahanpur convicted all four in 1987 to life (302/34 IPC) and six months (323/34 IPC), concurrent.

Dueling FIRs: Accused Cry Foul, State Stands Firm

Appellants' counsel—Amar Chandra and others—hammered a "cross-case" narrative: Police botched a fair probe by sidelining Rameshwar's prompt FIR, skipping medical checks on accused despite bandaged wounds, and dismissing self-defense. Trial court allegedly misread their Section 313 CrPC statements, flipping aggressors, and ignored defense doctor (DW-1) evidence.

State's Additional Government Advocate S.K. Ojha defended the trial verdict: Sessions court meticulously weighed prosecution eyewitnesses (PWs 1-2), autopsy (seven contusions causing coma death), and Babu Ram's injuries, rejecting defense as afterthought.

Court Dismantles Prosecution on Key Flaws

The High Court zeroed in on the timeline mismatch. Accused's FIR arrived first (4 hours post-8 PM clash), prosecution's lagged 15+ hours despite a mere 7 km to Khudaganj station. "The explanation tendered by the prosecution is too hard to swallow," the bench noted, as bullock-cart travelers couldn't cover 7 km in 7 hours—yet accused reached police swiftly.

Investigator SI Girish Kumar (PW-4) admitted in cross-exam: No probe on accused's NCR (Ext. Ka-11), no medicals post-arrest (assuming bandaged injuries "old"), despite fresh wounds documented later (lacerations, contusions at 1-1:45 AM on three accused—simple, blunt-force).

Trial court erred doubly: Misread accused statements under Section 313 CrPC —clearly positioning Rajpal's trio as initiators—and downplayed all three accused injuries (not one, as stated). "From the perusal... it is crystal clear that it was Babu, Bhikhari and Rajpal, who assaulted... and in self defence lathis were plied by the appellants."

No precedents cited, but the bench invoked fair trial basics: One-sided probes vitiate justice.

Punchy Quotes That Sealed the Fate

"The investigation in this case is tainted and one sided. The investigating officer has not taken care to investigate the report lodged from the side of the appellant, which was on earlier point of time than the report lodged by the first informant."

"Learned Trial Court... has misread the statement of the accused-appellants under Section 313 Cr.P.C. to hold the appellants aggressor."

"We are of the view that the learned Trial Court has failed to examine the case of the accused-appellants in respect of cross case in corrective perspective."

Acquittal: Bail Bonds Cut, Justice Reset

Appeal allowed; 1987 Sessions judgment set aside. Chet Ram and Rameshwar, on bail, walk free—bonds cancelled. Court mandated compliance report within two months. This underscores peril of partisan probes in cross-FIRs, potentially easing self-defense claims where police cherry-pick versions, especially in rural feuds. A win for delayed justice after nearly four decades.