In a recent ruling, the High Court of Judicature at Allahabad upheld the murder conviction of the appellants involved in a tragic incident. The court’s legal analysis was meticulous, ensuring that justice was served. The dismissal of the appeal and the order for one appellant to surrender within a month highlight the strict adherence to legal principles in the case.
Facts
- The High Court of Judicature at Allahabad upheld the conviction of Bhagwati Singh and his three sons for the murder of Chandrapal Singh
- The murder took place outside Chandrapal Singh’s residence in Village Sahnaul, District Aligarh, Uttar Pradesh on 11 August 2003 at about 4:30 p.m.
- The appellants were also convicted under Section 307 of the IPC for attempting to murder Chandrapal Singh’s brother, Rakesh Kumar
- The sentences for the murder conviction and the attempted murder conviction are to run concurrently
- For the offence under Section 302 of the IPC, the appellants were sentenced to imprisonment for life with a fine of Rs.5,000/-
- In default of payment of the fine, the appellants are to undergo simple imprisonment for one month
- For the offence under Section 307 of the IPC, the appellants were sentenced to seven years of rigorous imprisonment with a fine of Rs.3,000/-
- In default of payment of this fine, additional simple imprisonment for fifteen days is to be served
- Deceased Chandrapal Singh had gone to drop his children to his in-laws’ house before reaching the house where the incident occurred.
- The death of Chandrapal Singh was due to shock and haemorrhage from firearm injuries as per the post-mortem report and testimony of Dr. Hira Singh (PW-4).
- Veerpal Singh (PW-6) had conducted the investigation and prepared the site map of the incident (Exhibit Ka-12).
- Rakesh Kumar (PW-1) managed to save himself from being shot by taking shelter behind a wall after being fired at by the appellants.
- The presence and injuries of Rakesh Kumar (PW-1) are established through testimony of various witnesses and medical examination reports.
- Several suggestions were raised during the cross-examination regarding the motive, timing, and nature of injuries, which were addressed and clarified by Rakesh Kumar (PW-1) and Dr. Anil Kumar Purwani (PW-5).
Also Read: Analysis of Bail Conditions in Criminal Appeal No. INSC 48/2024
Analysis
- There was a time gap between the occurrence of the incident and the police visit.
- The witness had seen the appellants and the firing.
- The witness claimed to be an eyewitness to the events.
- The other appellants are incarcerated
- They would undergo their sentence
- No interference or modification of the order of sentence
Also Read: Conviction Upheld for Murder and Concealment of Body
Decision
- The testimony of Rakesh Kumar (PW-1) is considered reliable to affirm the conviction of the appellants.
- The conviction of the appellants has been proved beyond reasonable doubt.
- The appeal is dismissed, and Bhoop Singh is ordered to surrender within one month from the date of judgment.
- If Bhoop Singh fails to surrender, authorities will take necessary steps to take him into custody for serving the sentence.
Also Read: 1991 Decree Invalid: No Determination of Rights in Property Dispute
Case Title: SANJU Vs. THE STATE OF UTTAR PRADESH (2022 INSC 880)
Case Number: Crl.A. No.-001981-001981 / 2014
