Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(All) 326

IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
CHANDRA DHARI SINGH, DEVENDRA SINGH-I, JJ.
Irfan and Others – Appellants
Versus
State of U.P. – Respondent
Criminal Appeal No. 7645 of 2017
Decided On : 18-03-2026

Advocates Appeared:
For the Appellants : Najakat Ali, Nazrul Islam Jafri, Nazrul Islam Jafri, Rajrshi Gupta, Rizwan Ahamad, Swati Agrawal Srivastava
For the Respondents: Zafar Abbas, Zafeer Ahmad

The court emphasized that delay in lodging an FIR must be satisfactorily explained; failure to do so may lead to acquittal if the prosecution cannot establish guilt beyond reasonable doubt.

Headnote:(A) Indian Penal Code, 1860 - Sections 302, 120B, and 506 - Criminal appeal against conviction for murder - Convicted appellants sentenced to life imprisonment; acquitted under Section 506 IPC - Delay in FIR registration (over 49 hours) was not satisfactorily explained, raising doubts regarding the prosecution's case. (Paras 22, 41, 43)

(B) Criminal Procedure - Implication of accused based on witness testimony - Despite testimonies, court noted possibility of false implication due to animosity; prosecution failed to establish guilt beyond a reasonable doubt. (Paras 41, 43)

Facts of the case:
The victims' nephew was allegedly murdered by the appellants using a tractor, after prior animosity. The FIR was lodged late, raising significant concerns.

Findings of Court:
The prosecution did not establish the guilt of the appellants beyond a reasonable doubt, leading to their acquittal.

Issues: Whether the delay in registering the FIR undermines the prosecution's credibility and whether the evidence substantiated the charges against the appellants.

Ratio Decidendi: The court found that the ambiguity and contradictions in witness accounts, coupled with the unexplained delay, warranted acquittal, emphasizing that benefit of doubt should favor the accused.

Result: Appeal allowed; appellants acquitted.

Table of Content
1. factual background of the case (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8)
2. court's analysis and reasoning (Para 21 , 27 , 28 , 29 , 30 , 31 , 32 , 34 , 35 , 38 , 39 , 42)
3. arguments presented by both parties (Para 23 , 24 , 25 , 26)
4. prosecution failed to establish guilt beyond reasonable doubt (Para 41)
5. final conclusion and order (Para 43 , 44 , 45 , 46)

JUDGMENT :

CHANDRA DHARI SINGH, J.

1. This Criminal Appeal has been filed against a judgement and order dated 28.11.2017 passed by the learned Sessions Judge, Rampur in ST No. 524 of 2013 arising out of case crime No. 72 of 2013, under Sections 302, 120B, 506 IPC, police station Bhot, District Rampur whereby the learned Judge convicted and sentenced the appellants as under:

(a) Accused-Faeem to life imprisonment and a fine of Rs. 20,000/- under Section 302 IPC and in default of payment of fine, he shall further undergo simple imprisonment for a period of six months.

(b) Accused-Irfan and Saleem to life imprisonment and a fine of Rs. 20,000/- each under Section 302 read with Section 120-B IPC and in default of payment of fine, the accused Irfan and Saleem shall further undergo simple imprisonment for a period of six months.

2. However, by the same impugned judgement and order, the learned Judge acquitted accused Irfan, Faeem and Saleem under Section 506 IPC.

Facts of the case

3. The facts that formed the bedrock of the present criminal appeal are that a written report was filed by the first informant Mohammad Yusuf, son of Laddan, resident of village Patthar Kheda, police station Bhot, district Rampur at police station Bhot on 09.03.2013 with the allegations that on 07.03.2013, his nephew Mohammad Rafi, aged about 25 years, son of late Mohammad Yunus, resident of village Patthar Kheda, was returning to Patthar Kheda from village Khaudpura by his motorcycle No. UP-22F/4481 and when he reached near culvert of village Kaudpura at about 07:00 AM, accused Irfan, Mohammad Faeem, son of Saleem and Saleem, son of Shaukat Ali, resident of village Nagla Ganesh, Police Station Azimnagar, district Rampur, who were having animosity from before and had also earlier attacked, on 07.03.2013 with an intention to kill, accused Faeem, in connivance with accused Irfan and Saleem ran over Mohammad Rafi (hereinafter referred to as the deceased) by tractor No. UP-23E/1142, as a result thereof he received fractures in his leg and hand and injuries on his head. The incident was witnessed by Iftekhar Hussain and Arshad Ali, who were going to village Kishanpur by a motorcycle, who informed the first informant. With the help of above persons, the first informant took his nephew to the District Hospital, Rampur, where he died. The first information report further recounts that the first informant was informed by the persons present at the spot that the incident was caused with an intention to kill and the accused persons had also threatened the witnesses of dire consequences.

4. On the basis of the aforesaid written report made by the first informant, a case was registered at Case Crime No. 72 of 2013, under Sections 302, 120-B and 506 IPC at police station Bhot, district Rampur against accused Irfan, Faeem and Saleem, which was entered in GD No. 14 on 09.03.2013 at 08:20 hours.

5. After registration of the case, the law set into motion and investigation of the case was taken up by PW-6, Baljeet Singh. He copied the FIR in the case diary and prepared site plan on the pointing out of the first informant, Ext. Ka-10. He also collected pieces of plain concrete and bloodstained concrete from the spot and also recovered motorcycle bearing registration No. UP- 22F/4481 of the deceased and took into possession and also prepared recovery memo, Ext. Ka-2. He also took into possession Tractor No. UP 23E/1142 along with trolley allegedly used in the commission of the crime from the house of the accused persons and prepared recovery memo (Ext. Ka-11). On 12.3.2013, the investigating officer arrested accused-I