The appellants filed the instant appeal against the order dated 05.09.2002 passed by the 1st ASJ Mahoba, before the Allahabad High Court.
The appellants were convicted under Section 147, 148 and Section 302 r/w 149 of IPC.
After examining the evidence and facts of the case, Allahabad High Court overruled the order of the Trial Court.
It released the appellant as there was not enough evidence to convict him.
Brief Facts of the case filed before Allahabad High Court
As per the informant, there was a land dispute between Jagat Singh, Hukum Singh and others in the village.
On 25.10.2000 Hukum and Kalyan Singh along with some unknown people, entered the house of the informant’s cousin Jagat Singh. They attacked Jagat and his wife and daughter.
The informant reached the house to help his cousin brother. Then he saw that the accused Hukum Singh, Kalyan Singh and others were fleeing.
At the spot of the crime, the informant saw the bodies of his cousin brother, his wife, and his daughter.
During the trial, the Court examined various witnesses and also referred to the post mortem report.
Based on the testimony of the eyewitnesses and other evidence, the Court found the appellants guilty. Aggrieved, the appellants moved the High Court.
Proceedings before the High Court:-
Counsel for the appellant, raised the following points before the Court:-
It was contended that there was no motive for the appellants to murder the deceased and his family because the deceased had willed his land/property to his wife, daughter and sister.
Further, it was stated that the appellant Uday Bhan, was staying and working in Lucknow for the past several years. And there was no need for him to conspire the murder of the deceased.
Learned counsel also argued that the testimony of the witnesses could not be relied upon because they have given inconsistent statements.
Counsel for the appellant also stated that Uday Bhan was falsely implicated in the case and that he had no role in the murder of the deceased.
Arguments of the Respondents:-
It was contended that the appellants had murdered the deceased and his family to grab their property.
Even though Kalyan and Hukum Singh were given the active role of murdering the victims, Uday Bhan was the person who hatched the plan and was therefore rightly convicted.
The reasoning of the Allahabad High Court:-
The Hon’ble Allahabad High Court observed that because some of the witnesses have constantly changed their statements, they cannot be relied upon.
While considering the testimony of other witnesses, it was observed that they had given vague and ambiguous evidence about a conspiracy and therefore, their testimony does not inspire confidence.
On the accusation that Uday Bhan was part of the conspiracy, the Court opined that there was no circumstantial evidence to corroborate the fact that he was part of the plan to kill the deceased.
The Allahabad HIgh Court held that there was not enough evidence to convict the appellant Uday Bhan and therefore he should be released.
Title: Uday Bhan vs the State of U.P
Case No.: CRIMINAL APPEAL No. – 3658 of 2002
Date of Order: 15.10.2020
Coram: Hon’ble Justice Ramesh Sinha and Hon’ble Justice Samit Gopal