The Allahabad High Court has delivered a split verdict in the nine-year-old case relating to the fatal shooting of National Investigation Agency Deputy Superintendent of Police Tanzeel Ahmed and his wife Farzana in Uttar Pradesh’s Bijnor district.
A division bench comprising Justice Rajiv Gupta and Justice Harvir Singh differed on the fate of accused Raiyyan. Justice Gupta ruled in favour of Raiyyan’s acquittal, while Justice Singh partly upheld the May 2022 judgment of the Bijnor sessions court, which had convicted him of murder. Justice Singh, however, commuted the death sentence awarded by the trial court to life imprisonment.
Due to the split verdict, the matter has now been referred to Chief Justice Arun Bhansali for constitution of a larger bench to re-hear the case.
In his opinion favouring acquittal, Justice Rajiv Gupta noted that the defence had successfully pointed out serious omissions and contradictions in the prosecution case, particularly in the testimony of eyewitnesses. The judge observed that the brother and daughter of the slain officer did not disclose the names of the assailants at the time of registration of the first information report, which raised doubts about the reliability of their later statements.
Justice Harvir Singh, on the other hand, found merit in the prosecution version to the extent of sustaining Raiyyan’s conviction. While partially affirming the trial court’s findings on guilt, he took a different view on sentencing and held that the death penalty imposed by the sessions court ought to be commuted to life imprisonment.
The case relates to an incident that took place in April 2016. Tanzeel Ahmed, who was then serving as a Deputy Superintendent of Police with the NIA, and his wife Farzana were returning after attending a wedding in Kasba Seohara town of Bijnor district.
As they were travelling by car, two bike-borne assailants allegedly overtook the vehicle and fired multiple rounds at them. Tanzeel Ahmed died on the spot, while Farzana sustained grievous injuries and succumbed ten days later. At the time of his death, Tanzeel was investigating several terror-related cases.
The prosecution alleged that Raiyyan and Munir were the assailants. Munir, however, died before the Allahabad High Court could decide the appeal.
The Bijnor sessions court had examined 19 witnesses during the trial, including Tanzeel Ahmed’s brother Raghib Masood, an eyewitness Hasib, and the daughter of the deceased officer. In May 2022, the trial court convicted both Raiyyan and Munir for murder and sentenced them to death. A fine of ₹1 lakh was also imposed on each of the accused.
With the High Court judges differing on the core issues of guilt and sentencing, the final outcome in the case will now depend on the decision of the larger bench to be constituted by the Chief Justice.
