Back
HIGH COURT OF ALLAHABAD
K.C.Bhargava
STATE OF U P
Versus
SANJAY SINGH
Decided On : 04 February 1992
Criminal Revision Nos. 339 and 342 of 1990
CRIMINAL PROCEDURE CODE - Section 227 - Discharge of accused - Principles - Circumstantial evidence - Criminal conspiracy - Ingredients - Post-crime conduct of accused - Relevance.
Fact of the Case:
The case involved the murder of Syed Modi, a national badminton champion, allegedly by a criminal conspiracy involving Dr. Sanjay Singh, Amita Kulkarni, and others. The C.B.I. investigated the case and charged seven persons under various sections. The Sessions Judge discharged Dr. Sanjay Singh and Amita Kulkarni under Section 227 of the Criminal Procedure Code, leading to the filing of a revision petition by the C.B.I.
Finding of the Court:
The High Court held that the Sessions Judge did not commit any illegality or irregularity in discharging the accused and that the finding was not perverse or against the weight of evidence. The Court noted that the circumstantial evidence against the accused was not sufficient to frame a charge under Section 228, Cr.P.C., and that the post-crime conduct of the accused was not a relevant factor in determining their involvement in the conspiracy.
Issues: 1. Whether the Sessions Judge erred in discharging the accused under Section 227 of the Criminal Procedure Code? 2. Whether the circumstantial evidence against the accused was sufficient to frame a charge under Section 228, Cr.P.C.? 3. Whether the post-crime conduct of the accused was a relevant factor in determining their involvement in the conspiracy?
Ratio Decidendi: 1. The High Court held that the Sessions Judge did not err in discharging the accused under Section 227 of the Criminal Procedure Code because: - The circumstantial evidence against the accused was not sufficient to frame a charge under Section 228, Cr.P.C. - The post-crime conduct of the accused was not a relevant factor in determining their involvement in the conspiracy. 2. The Court noted that the principles governing the discharge of accused under Section 227 of the Cr.P.C. include: - The Court has the power to sift and weigh evidence for the limited purpose of determining whether a prima facie case against the accused has been made out. - Where the materials placed before the Court disclose grave suspicion against the accused which has not been properly explained, the Court is justified in framing a charge and proceeding with the trial. - The test to determine a prima facie case depends on the facts of each case, and it is difficult to lay down a rule of universal application. - The Court cannot act merely as a post-office or mouthpiece of the prosecution but must consider the broad probabilities of the case, the total effect of the evidence and documents, and any basic infirmities appearing in the case. 3. The Court also noted that the ingredients of criminal conspiracy under Section 120-A of the Indian Penal Code include: - An agreement between two or more persons to do an illegal act. - The agreement need not be express and can be inferred from circumstances giving rise to a conclusive or irresistible inference of an agreement. - The relative acts or conduct of the parties must be conscientious and clear to mark their concurrence as to what should be done.
Final Decision: The High Court dismissed the revision petitions, upholding the discharge of Dr. Sanjay Singh and Amita Kulkarni by the Sessions Judge.
These revisions are directed against the order dated 17-9-1990 passed by the Sessions Judge, Lucknow, discharging both the opposite parties No. 1 and 2 (of Criminal Revision No. 339 of 1990 herein after referred to as opposite parties No. 1 and 2) under Sections 227 of the Code of Criminal Procedure in Sessions Trial No. 293 of 1989 State v. Sanjay Singh and six others.
2. The facts of the cases as put forward by the prosecution as a result of the investigation held by the C. B. I. may be, summarised as under:
3. Syed Modi, the deceased, is alleged to belong to a lower middle class family residing at Sardar Nagar, Gorakhpur (U. P. ). He was brought up by his elder brother as his father expired when he was a child. He joined North Eastern Railway in the year 1979 as a candidate under the Sports Quota. Later on the became National Champion in Badminton and remained so for a period of about 8 years. During this period of 8 years he repersented India in various International Championships. In 1984 he was promoted as Sports Superintendent at Lucknow and thereafter he was promoted as Senior Welfare Superintendent in North Eastern Railways, Lucknow, the post which he was holding at the time of his murder on 28-7-1988. Opposite party No. 1 Dr. Sanjay Singh is the adopted son of Rananjay Singh who was former Raja of Amethi District Sultanpur (U. P. ). He was elected to the U. P. Assembly from Amethi, Constituency in two elections held in the years 1980 and 1985. Thereafter he became Minister in the U. P. Government and remained as Minister from 22-7-1983 to 26-8-1987. During the period 9-2-1914 to 12-3-1984 Dr. Sanjay Singh also held the Portfolio of Sports. During the period July, 1984 to August, 1987 he was also Chairman of the Pradeshik Co-operative Dairy Federation Ltd. (in short PCDF), Lucknow, except for a brief period of 5 days in July, 1985. Amita Kulkarni, opposite party No. 2 resided at Bombay and her mother Smt. Pushplate Kulkarni was a Lecturer in one of the Colleges at Bombay. Upto B. A. Part I, Amita Kulkarni, opposite party No. 2, was educated at Bombay and thereafter she did her B. A. Final Examination privately as a teacher candidate from Lucknow University in the year 1983-84. During this period she was serving in the Clerical Grade in the Railways at Bombay. She worked as a Head Clerk from September, 1981 to 31-3-1985. In the month of February, 1984 she came to Lucknow to appear in the B. A. Final Examination from Lucknow University and thereafter she continued to stay at Lucknow. While at Lucknow she gave one months notice to the Central Railway Board on 16-3-1985 which was for her resignation from service. This resignation was accepted with effect from 1-4-1985. Prior to the giving of notice of resigna tion she was interviewed for the post of Manager Grade III in the P. C. D. F. Lucknow on 9-3-1985. Thereafter she was selected for this post and was appointed as Marketing Manager Grade IIi
in P. C. D. F. with effect from 9-4-1985, against the Sports Quota. The post under Sports Quota was, for the first time, created in the P. C. D. F. at the behest of Dr. Sanjay Singh, opposite party No. 1.
4. According to the prosecution Akhlesh Singh, who is also one of the accused in this case but has not come in revision as a resident of District Rae Bareli. He is the son of late Ramendra Nath Singh alias Dhunni Singh who had been a big landlord and contractor. It is alleged that he has a criminal record and presently he is involved in a number of crimes along-with the members of his gang some of whom are also co-accused in the present case.
5. The deceased Syed Modi came in contact with Amita Kulkarni, opposite party No. 2, at Bejing (China) while participating in the IIIrd Inter national Invitation Championship in the year 1978. In the year 1982 Syed Modi was engaged to Amita Kulkarni. Dr. Sanjay Singh is alleged to have come in contact with Amita Kulkarni, opposite party No. 2, in the year 1983 when she came
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
