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2016 Supreme(All) 4155
IN THE HIGH COURT OF ALLAHABAD, LUCKNOW BENCH
SURENDRA VIKRAM SINGH RATHORE, ANIL KUMAR SRIVASTAVA-II, JJ.
Ashok Singh @ Mintu Singh (Pintu) - Appellant
Versus
State of Uttar Pradesh - Respondent
Criminal Appeal No. 6 of 2009
Decided On : 26-05-2016
For the Appellants :Nagendra Mohan, A.M. Shukla, C B Pandey, Manish Kumar and Vivek Shrotria, Advocates.
For the Respondents:G.A, B.K. Singh, K.K. Singh, Maneesh Kumar Singh, Nishar Ahmed, R.P.Singh, Ram Prakash Singh, Rishad Murzata, SC Shukla and Vaibhav Kalia, Advocates.
Headnote:
The court acquitted the accused of murder and rioting charges due to unreliable witness testimony, failure to explain the injuries of the accused, and suppression of evidence by the prosecution.
Fact of the Case:
The case involved the murder of Chandreshwar Pratap Singh, who was allegedly beaten to death by a group of accused persons. The prosecution presented two eyewitnesses who claimed to have seen the incident, but their testimony was found to be unreliable due to inconsistencies and lack of corroboration.
Finding of the Court:
The court found that the prosecution had failed to prove its case beyond a reasonable doubt. The eyewitness testimony was unreliable, and the prosecution had failed to explain the injuries sustained by one of the accused, Om Prakash Tiwari. The court also found that the prosecution had suppressed evidence by failing to examine the driver and cleaner of the jeep in which the deceased was traveling.
Issues: 1. Reliability of eyewitness testimony 2. Failure to explain injuries of the accused 3. Suppression of evidence by the prosecution
Ratio Decidendi: The court held that the prosecution had failed to prove its case beyond a reasonable doubt. The eyewitness testimony was unreliable, and the prosecution had failed to explain the injuries sustained by one of the accused, Om Prakash Tiwari. The court also found that the prosecution had suppressed evidence by failing to examine the driver and cleaner of the jeep in which the deceased was traveling.
Final Decision: The court acquitted the accused of murder and rioting charges.
SURENDRA VIKRAM SINGH RATHORE, J.
1. All the aforesaid criminal appeals arise out of a common judgment, hence these are being disposed of together.
2. Criminal Appeal No. 6 of 2009 has been preferred by convicted accused persons Ashok Singh alias Mintu Singh (Pintu) and Shailesh Kumar alias Pappu Singh while Criminal Appeal No. 8 of 2009 has been preferred by Om Prakash Tiwari and Babu Ram Tiwari, Criminal Appeal No. 81 of 2009 has been preferred by appellants Sunil Kumar Tiwari, Prem Nath Dubey, Rudra nath Dubey, Indra Nath Dubey, Santosh Singh, Ramji Tiwari and Girjesh Singh and Criminal Appeal No. 1781 of 2009 has been preferred by the State challenging the acquittal of accused persons under Section 302/149 I.P.C.
3. Heard Mr. Nagendra Mohan, Mr. C.B. Pandey and Mr. Indrajeet Shukla, learned counsels for the appellants, Mr. Umesh Verma, learned A.G.A. for the State, Mr. I.B. Singh, learned Senior Advocate and Mr. Manish Kumar Singh, Advocate for the complainant and perused the lower court record.
4. Under challenge in all the aforesaid appeals is the judgment and order dated 17.12.2008 passed by other connected appeals learned Additional Sessions Judge, Fast Track Court No. 2, Gonda in Sessions Trial No. 177 of 2004 arising out of Case Crime No. 114-A of 2001, Police Station Nawabganj, District Gonda whereby all the appellants were convicted and sentenced as under:-
(i) Under Section 147 I.P.C., one year rigorous imprisonment and also with fine of Rs. 1,000/- each with default stipulation of three months additional rigorous imprisonment.
(ii) Under Section 148 I.P.C., two years rigorous imprisonment and also with fine of Rs. 2,000/- each with default stipulation of six months additional rigorous imprisonment.
(iii) Under Section 304 (I) read with Section 149 I.P.C. with imprisonment for life and also with fine of Rs. 10,000/- each with default stipulation of two years additional rigorous imprisonment.
(iv) Under Section 342 I.P.C., six months rigorous imprisonment and also with fine of Rs. 5,000/- each with default stipulation of one year additional imprisonment. However, all the accused persons were acquitted of the charge under Section 325/149 I.P.C.
5. In brief the case of the prosecution was that complainant Shiv Bux Singh, who happens to be the father of deceased Chandreshwar Pratap Singh lodged an F.I.R. on 11.9.2001 at 14:15 hours at Police Station Nawabganj, District Gonda alleging therein that his younger son Chandreshwar Pratap Singh was managing the Taxi Stand Theka of Nawabganj. Janardan Prasad Tiwari, who has his shop in front of cold-storage and was P.R.O. of then Health Minister of Government of U.P. Sri Ramapati Shashtri, taking undue advantage of his influence, used to ply his vehicles and vehicles of the persons known to him without any serial and without token. This conduct was objected to by the deceased Chandreshwar Pratap Singh due to which an altercation took place on 31.7.2001 between Chandreshwar Pratap Singh and son of above-named Tiwari. Due to this altercation, Janardan Tiwari and his companions had threatened the son of the complainant with dire consequences. On 9.9.2001 Chandreshwar Pratap Singh was coming from Gonda and was going towards Nawabganj on a jeep at about 11:00 a.m. When his jeep reached near the turn of cold-storage, then one TATA 407 (minibus) was parked obliquely on the road due to which the entire road was blocked. The driver of the jeep of Chandreshwar Pratap Singh tried to take his jeep by the side of the road due to which the speed of jeep became very slow. In the meantime, all the accused persons, namely Sunil Tiwari, Babu Ram Tiwari, Om Prakash Tiwari, Ramji Tiwari resident of Majhanpurwa, Police Station Nawabganj Gird, Santosh Kumar Singh, Ashok Singh resident of Ballipur, Pappu Singh resident of Jalalpur, Girjesh Singh resident of Ballipur, Prem Dubey, Indresh Dubey resident of Khirhi Deeh, Police Station Wajeerganj armed with rifle, gun, hockey, Danda, iron rod, pistol
