NON-REPORTABLE

2026 INSC 3 IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 591 OF 2020 ANJANI SINGH …APPELLANT(S)

Versus THE STATE OF UTTAR PRADESH …RESPONDENT(S)

J U D G M E N T

MANOJ MISRA, J.

1. This appeal arises from judgment and order of the High Court of Judicature at Allahabad¹ dated 05.07.2019 passed in Criminal Appeal No. 8133 of 2007.

Facts

2. Three persons, namely, Anjani Singh (Appellant No. 1), Ravindra Singh (Appellant No. 2) and Rishabh Dev Singh were tried in Sessions Trial No. 28 of 2005 for offences punishable under Sections 302/34, 307/34 and 504 of Indian Penal Code, 1860, Digitally signed by. All three were convicted by the Court of Additional Sessions Judge, Signature Not Verified KAVITA PAHUJA Date: 2026.01.05

15:53:17 IST Reason:

The High Court IPC Court No. 1, Ballia (in short the Trial Court). Appellant Nos. 1 and 2 were convicted under Sections 302, 307 and 504 of IPC, whereas Rishabh Dev Singh was convicted under Sections 302/34, 307/34 and 504 of IPC.

3. On appeal to the High Court, Rishabh Dev Singh (for short Rishab) was acquitted whereas conviction of Anjani Singh (for short Anjani) and Ravindra Singh (for short Ravindra) was affirmed vide the impugned order.

4. Aggrieved by affirmation of their conviction, this appeal has been filed. During pendency of this appeal, Appellant No. 2 i.e., Ravindra passed away and, therefore, his appeal abated vide order dated 07.08.2025. The present appeal survives qua Anjani alone.

Prosecution case

5. The prosecution case in a nutshell is that on 20.10.2004, a function for establishment of Durga idol was held at the village. To celebrate the occasion, a drama play was arranged and held beneath a pandal. Informant’s (PW-1’s) son, aged about 10 years, was amongst the audience, sitting in the front row. During drama play, Anjani started beating PW-1’s son. When PW-1 objected to it, Anjani got infuriated and left the scene. Thereafter, at around

09:00 PM, Anjani, with a country made pistol in his hand, Ravindra i.e., Anjani’s brother, with a licensed rifle, and their father Rishabh, with a lathi, came and exhorted each other to kill PW-1. Whereafter, Ravindra and Anjani started firing from their respective weapons causing firearm injuries to PW-1, Harendra Kumar Yadav (PW-10), Mritunjay Kumar Yadav (PW-7), Vimlesh Dubey (PW-2), Umesh Kumar Thakur (PW-3), Krishna Kant Verma (deceased no.1) and Banarasi (deceased no.2). Krishan Kant Verma and Banarasi died at the spot. PW-1 and other persons present there caught Ravindra and snatched his rifle which broke down. However, all three accused managed to escape.

FIR and investigative steps

6. First Information Report3 of the incident was lodged at 10.30 PM on the same day, i.e., on 20.10.2004 naming all the three accused. The broken rifle seized was handed over vide seizure memo Ex. Ka-2; and one magazine of 0.315 bore, with one empty cartridge, was lifted from the spot, vide seizure memo Ex. Ka-18. Samples of blood-stained earth and plain earth were lifted from the spot vide Ex. Ka-17. Inquest proceedings of the two deceased were

3 FIR

carried out and reports thereof were prepared vide Ex. Ka-3 and 4 respectively. The dead bodies of both the deceased were sealed and sent for autopsy.

Autopsy Reports / Injury reports

7. Injuries found on the body of the two deceased and the persons injured have been described in paragraphs 5 and 6 of High Court’s judgment, which are being reproduced below:

“5. The postmortem on the dead bodies of both the deceased was conducted by PW-11 Dr. G.C. Maurya on 21.10.2004, and as per postmortem report Ex. Ka-5, deceased Krishna Kant Verma has sustained following injuries:

(1) Firearm wound of entry on the scalp right side 2.0 cm x 1.5 cm, brain cavity deep, 2.0 cm above and post to the right ear lobe. Margin blackened and inverted.

(2) Firearm wound of exit on the scalp at occipital area 6.0 cm x 5.0 cm. Margin everted brain matter protruding out. Lw (i) and (ii) injuries are conn