# Devendra Pandey & Ors v. State of U.P

- **Citation:** (2022) 12 ILRA 36
- **Court:** High Court of Judicature at Allahabad
- **Decided:** 2022-12-15
- **Case number:** Criminal Appeal No. 549 of 2016
- **Bench:** Ramesh Sinha, Mrs. Saroj Yadav
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/devendra-pandey-ors-v-state-of-u-p-48024
- **Pages:** 76

## Headnote

Rishad Murtaza, Anurag Kumar Singh, B.
Nath, Ishan Baghel, S.B. Pandey, Vivek
Kumar Rai
12 All. Devendra Pandey & Ors. Vs. State of U.P.
37
A.
Criminal
Law
-Code
of
Criminal
Procedure, 1973 - Section 374(2) - Indian
Penal
Code,1860-Sections
302/120-B,
364/120-B,
365/120-B,
218/120-B
&
117/120-B-Challenge
to
-Convictionappellants killed ten terrorists persons as
they eliminated them in self defence-the
claim of the appellants that they killed ten
terrorists persons in self-defence does not
corroborate with the medical evidence as
from perusal of the ante-mortem injuries
of four deceased persons out of ten
deceased persons killed in the forest areait transpires that apart from injuries of fire
arm, lacerated and abrasion wounds as
well as amputation were found on the
body of the four deceased persons-the
appellants failed to explain/prove the
lacerated
wounds,
abrasions
and
amputation caused on the body of the
deceased-Thus, the case of the appellants
would be covered by Exception 3 to
Section 300 of the I.P.C., which provides
that culpable homicide is not murder if the
offender, being a public servant, or aiding
a
public
servant
acting
for
the
advancement of public justice, exceeds
the powers given to him by law, and
causes death by doing an act which he, in
good faith, thinks to be lawful and
necessary for the due discharge of his
duty as a public servant without ill-will
towards the person whose death he has
caused but the appellants cannot be
justified to kill innocent persons along
with some terrorist taking them to be also
terrorists.(Para 144 to 150)

The appeals are partly allowed. (E-6)

List of Cases cited:

## Text

_Characters 0–39,843 of 258,551. This is a partial read: ask again with offset=39843 for what follows._

36 INDIAN LAW REPORTS ALLAHABAD SERIES

15. In case of a related witness,
the Court may not treat his or her testimony
as inherently tainted, and needs to ensure
only that the evidence is inherently reliable,
probable, cogent and consistent. We may
refer to the observations of this Court in
Jayabalan
v.
Union
Territory
of
Pondicherry, (2010) 1 SCC 199:

"23. We are of the considered
view that in cases where the Court is
called upon to deal with the evidence of
the interested witnesses, the approach of
the Court while appreciating the evidence
of such witnesses must not be pedantic.
The
Court
must
be
cautious
in
appreciating and accepting the evidence
given by the interested witnesses but the
Court must not be suspicious of such
evidence. The primary endeavour of the
Court must be to look for consistency.
The evidence of a witness cannot be
ignored or thrown out solely because it
comes from the mouth of a person who is
closely related to the victim."

(38) Thus, from the evidences led by
the prosecution, it is well established that it
was the convict/appellant Yunus, who was
involved in the present case and has
murdered the three persons i.e. husband,
minor son and daughter of the informant
Smt. Gudiya @ Guddi (P.W.1) and also
caused injuries to P.W.1- Smt. Gudiya @
Guddi and P.W.2- Km. Nagma. The
prosecution has proved its case beyond
reasonable
doubt
against
the
convict/appellant and the trial Court after
examining the entire prosecution evidence
has rightly convicted and sentenced the
convict/appellant
for
the
offence
in
question.

(39) In view of the above and for the
reasons stated hereinabove, no interference
of this Court is called for in the instant
appeal as the learned trial Court has rightly
convicted the appellant by the impugned
judgment and order dated 01.02.2005.

(40) The instant appeal fails and
deserves to be dismissed and is accordingly
dismissed. The appellant- Yunus, who is in
jail, shall serve the sentence as awarded by
the trial Court.

(41) Let a certified copy of this order
as well as lower Court record be
transmitted to the trial Court concerned for
necessary information and compliance
forthwith.
----------
(2022) 12 ILRA 36
APPELLATE JURISDICTION
CRIMINAL SIDE
DATED: LUCKNOW 15.12.2022

BEFORE

THE HON'BLE RAMESH SINHA, J.
THE HON'BLE MRS. SAROJ YADAV, J.

Criminal Appeal No. 549 of 2016
connected with other cases

Devendra Pandey & Ors. ...Appellants
Versus
State of U.P. ...Respondent

Counsel for the Appellant:
Arun Sinha, Alok Shukla, Anil Kumar, Arti
Ganguly, Aseem Goswami, Atul Verma,
Edward Sam Julius Paul, Gaurav Shukla,
Hari Krishna Verma, Hemant Kumar Mishra,
Janardan
Singh,
Nagendra
Mohan,
Rajendra Prasad Mishra, Ram Mohan
Mishra,
Salil
Mohan,
Sanjay
Kumar
Srivastava, Saroj Kumar Shukla, Sheikh
Wali-Uz Zaman, Umesh Chandra Yadav

Counsel for the Respondent:
Rishad Murtaza, Anurag Kumar Singh, B.
Nath, Ishan Baghel, S.B. Pandey, Vivek
Kumar Rai
12 All. Devendra Pandey & Ors. Vs. State of U.P.
37
A.
Criminal
Law
-Code
of
Criminal
Procedure, 1973 - Section 374(2) - Indian
Penal
Code,1860-Sections
302/120-B,
364/120-B,
365/120-B,
218/120-B
&
117/120-B-Challenge
to
-Convictionappellants killed ten terrorists persons as
they eliminated them in self defence-the
claim of the appellants that they killed ten
terrorists persons in self-defence does not
corroborate with the medical evidence as
from perusal of the ante-mortem injuries
of four deceased persons out of ten
deceased persons killed in the forest areait transpires that apart from injuries of fire
arm, lacerated and abrasion wounds as
well as amputation were found on the
body of the four deceased persons-the
appellants failed to explain/prove the
lacerated
wounds,
abrasions
and
amputation caused on the body of the
deceased-Thus, the case of the appellants
would be covered by Exception 3 to
Section 300 of the I.P.C., which provides
that culpable homicide is not murder if the
offender, being a public servant, or aiding
a
public
servant
acting
for
the
advancement of public justice, exceeds
the powers given to him by law, and
causes death by doing an act which he, in
good faith, thinks to be lawful and
necessary for the due discharge of his
duty as a public servant without ill-will
towards the person whose death he has
caused but the appellants cannot be
justified to kill innocent persons along
with some terrorist taking them to be also
terrorists.(Para 144 to 150)

The appeals are partly allowed. (E-6)

List of Cases cited:

1. Noor Mohammad Mohd. Yusuf Momin Vs St.
of Mah. (1970) 1 SCC 696

2. E.G. Barsay Vs St. of Bom. (1961) AIR SC
1762

3. Yash Pal Mittal Vs St. of Punj. (1977) 4 SCC 540

4. K. R. Purushothaman Vs St. of Ker. (2005) 12
SCC 631
(Delivered by Hon'ble Ramesh Sinha, J.)

Table of Contents
A. Introduction
3
B. Factual Backgrounds
8
(i) F.I.R. relating to the incident that took
place
within the jurisdiction of police station Neoria
(ii) F.I.R. relating to the incident that took
place within
the jurisdiction of police station Bilsanda
(iii) F.I.R. relating to the incident that took
place within
the jurisdiction of Puranpur
(iv)
Background
of
Entrustment
of
investigation to the
Central Bureau of Investigation and filing of
charge-sheet against the accused persons.
(v) Prosecution Witnesses
(vi) Statement of convicts/appellants recorded
under Section 313 Cr.P.C.
(vii) Defense Witness
(viii) Findings of the Trial Court
9

14

18
22

28
106
107
107
C.
Arguments
on
behalf
of
the
convicts/appellants
108
D. Arguments on behalf of the Victim
133
E. Arguments on behalf of the Investigating
Agency/C.B.I.
143
F. Analysis
145
G. Conviction
175
H. Conclusion
178

A. INTRODUCTION

(1) Forty-seven accused persons,
namely, Gyan Giri, Subhash Chandra,
Lakhan Singh, Nazim Khan, Harpal
Singh, Rajendra Singh, Narayan Das,
Krishnveer, Karan Singh, Rakesh Singh,
Nem
Chandra,
Shamsher
Ahmed,
Satyendra
Singh,
Badan
Singh,
Devendra Pandey, Mohd. Anis, Ramesh
Chandra Bharti, Veer Pal Singh, Nathu
Singh, Dhani Ram, Sugam Chandra,
Collector Singh, Kunwar Pal Singh,
Shyam Babu, Banwari Lal, Dinesh
Singh, Sunil Kumar Dixit, Arvind Singh,
Ram
Nagina, Vijay
Kumar Singh,
38 INDIAN LAW REPORTS ALLAHABAD SERIES
Vijendra Singh, M.P. Mittal, M.C.
Durgapal, R.K. Raghav, Surjeet Singh,
Udai Pal Singh, Munna Khan, Durvijay
Singh son of Tadinal, Mahaveer Singh,
Gaya Ram, Register Singh, Rashid
Hussain, Durvijay Singh s/o Dilaram,
Syed Aale Raza Rizvi, Satya Pal Singh,
Harpal Singh and Ram Chandra Singh,
were tried by the Special Judge, C.B.I.,
Court
No.1/Additional
District
Judge,
Lucknow in Criminal Case No.1800439 of
2001: State of U.P. Through C.B.I. Vs.
Gyan Giri & others, arising out of (i)
R.C.1(S)/1993; (ii) R.C.2(S)/1993; and (iii)
R.C.3(S)/1993, under Sections 120-B, 302,
364, 365, 218, 117 I.P.C., Police Station
C.B.I./S.I.C., New Delhi.

(2) Vide judgment and order dated
04.04.2016, the Special Judge, C.B.I.,
Court
No.1/Additional
District
Judge,
Lucknow convicted and sentenced the
accused persons in the manner stated
hereinbelow :-

Accused Gyan Giri, Subhash
Chandra, Lakhan Singh, Nazim Khan,
Register Singh, Shyam Babu, Syed Aale
Raza Rizvi, Gaya Ram, Narayan Das,
Rashid Hussain, Mahavir Singh, Dhani
Ram, Sunil Kumar Dixit, Kunwar Pal
Singh,
Sugam
Chandra,
Shamsher
Ahmad, Krishna Veer, Karan Singh,
Dinesh Singh, Nem Chandra, Ram
Nagina, Arvind Singh, Badan Singh,
Ram Chandra Singh, Harpal Singh son
of Munshi Singh, Durvijay Singh son of
Tadinal, Banwari Lal, Nathu Singh,
Durvijay
Singh
son
of
Dilaram,
Satyendra
Singh,
Rakesh
Singh,
Collector Singh, Vijay Kumar Singh and
Munna Khan :-

Conviction
Sentence
Fine
01.
Under
Life
Rs.2,00,000/-
Section 302
read
with
120-B I.P.C.;
imprisonment
(Rupees Two Lac)
In
default
of
payment of fine to
undergo 11⁄2 years
additional
simple
impriso- nment.
02.
Under
Section 364
read
with
120-B I.P.C.
10 years R.I.
Rs.50,000/-.
In
default
of
payment of fine to
undergo one year
additional
simple
impriso- nment.

03.
Under
Section 365
read
with
120-B I.P.C.
5 years R.I.
Rs.25,000/-.
In
default
of
payment of fine to
undergo six months
additional
simple
impriso-nment.
04.
Under
Section 218
read
with
120-B I.P.C.
5 years R.I.
----
05.
Under
Section 117
read
with
120-B I.P.C.
1 year R.I.
----

Accused Harpal Singh son of Shri
Bhim Sen, M.P. Vimal, R.K. Raghav,
Veerpal Singh son of Mohindra Singh,
Satyapal Singh, Surjeet Singh, Ramesh
Chandra Bharti, M.C. Durgapal and
Udai Pal Singh

Conviction
Sentence
Fine
01.
Under Section 302
read with 120-B
I.P.C.;
Life
imprisonment
Rs.5 Lac.
In default of
payment
of
fine
to
undergo
2
years'
additional
simple
impriso-
nment.
02.
Under Section 364
read with 120-B
I.P.C.
10 years R.I.
Rs.5 Lac.
In default of
payment
of
fine
to
undergo
2
years'
additional
simple
12 All. Devendra Pandey & Ors. Vs. State of U.P.
39
impriso-
nment.
03.
Under Section 365
read with 120-B
I.P.C.
5 years R.I.
Rs.1 Lac.
In default of
payment
of
fine
to
undergo
six
months
additional
simple
imprisonment.
04.
Under Section 218
read with 120-B
I.P.C.
2 years R.I.
----
05.
Under Section 117
read with 120-B
I.P.C.
1 year's R.I.
----

Accused Vijendra Singh, Mohd.
Anis, Rajendra Singh and Devendra
Pandey,

Conviction
Sentence
Fine
01.
Under
Section
302
read
with
120-B I.P.C.;
Life
imprisonment
Rs.7 Lac.
 In default of
payment of fine
to undergo 03
years additional
simple impriso-
nment.
02.
Under
Section
364
read
with
120-B I.P.C.
10 years R.I.
Rs.3 Lac.
In default of
payment of fine
to undergo 03
years additional
simple impriso-
nment.
03.
Under
Section
365
read
with
120-B I.P.C.
5 years R.I.
Rs.1
Lac.
In default of
payment of fine
to undergo six
months
additional
simple imprisonment.

04.
Under
Section
218
read
with
120-B I.P.C.
2 years' R.I.
----
05
Under
Section
117
read
with
120-B I.P.C.
1 year R.I.

----

All the sentences were directed to run
concurrently and the period of incarceration
was directed to be set off against the
sentence of imprisonment. It was also
directed to pay Rs.14,00,000/- each to the
family members of the deceased out of the
fine imposed as compensation.

(3) Feeling aggrieved by their
aforesaid
conviction
and
sentence,
convicts/appellants,
Devendra
Pandey,
Mohd. Anish, Ramesh Chandra Bharti,
Veer Pal Singh, Nathu Singh, Dhani Ram,
Sugam Chand, Collector Singh, Kunwar
Pal Singh, Shyam Babu, Banwari Lal,
Dinesh Singh, Sunil Kumar Dixit, Arvind
Singh, Ram Nagina and Vijay Kumar
Singh, have preferred Criminal Appeal
No.549
of
2016,
whereas
convicts/appellants Vijendra Singh, M.P.
Vimal (M.P. Mittal), M.C. Durgapal, R.K.
Raghav, Surjeet Singh, Udai Pal Singh,
Munna Khan, Durvijay Singh son of
Todilal (Tadinal), Mahavir Singh, Gaya
Ram, Register Singh, Rashid Hussain,
Durvijay Singh son of Dila Ram, Syed Aale
Raza Rizvi, Satya Pal Singh, Harpal Singh
and Ram Chandra Singh have preferred
Criminal Appeal No.513 of 2016 and
convicts/appellants Rajendra Singh, Harpal
Singh s/o Shri Bheem Sen, Gyan Giri,
Subhash Chander, Lakhan Singh, Nazim
Khan, Narayan Das, Krishna Veer, Karan
Singh, Rakesh Singh, Nem Chandra,
Shamsher Ahmad, Satinder Singh and
Badan Singh have preferred Criminal
Appeal No.551 of 2016.

(4) During pendency of the abovecaptioned appeals, appellant no.3-M.C.
Durgapal and appellant no.9-Mahavir
Singh of Criminal Appeal No. 513 of
2016; appellant no.14-Badan Singh of
Criminal Appeal No. 551 of 2016; and
appellant no.6-Dhani Ram in Criminal
40 INDIAN LAW REPORTS ALLAHABAD SERIES
Appeal No. 549 of 2016, died and as
such, the above-captioned appeals filed
on their behalf stood abated. Now, the
above-captioned appeals are surviving
only
against
forty-three
convicts/appellants i.e. Devendra Pandey,
Mohd. Anis, Ramesh Chandra Bharti,
Veer Pal Singh, Nathu Singh, Sugam
Chand, Collector Singh, Kunwar Pal
Singh, Shyam Babu, Banwari Lal, Dinesh
Singh, Sunil Kumar Dixit, Arvind Singh,
Ram
Nagina,
Vijay
Kumar
Singh,
Vijendra Singh, M.P. Vimal (M.P. Mittal),
R.K. Raghav, Surjeet Singh, Udai Pal
Singh, Munna Khan, Durvijay Singh son
of Todilal (Tadinal), Gaya Ram, Register
Singh, Rashid Hussain, Durvijay Singh
son of Dila Ram, Syed Aale Raza Rizvi,
Satya Pal Singh, Harpal Singh, Ram
Chandra Singh, Rajendra Singh, Harpal
Singh s/o Shri Bhim Sen, Gyan Giri,
Subhash Chandra, Lakhan Singh, Nazim
Khan, Narayan Das, Krishna Veer, Karan
Singh, Rakesh Singh, Nem Chandra,
Shamsher Ahmad and Satyendra Singh.

(5)

Since
the
above-captioned
criminal appeals arise out of a common
factual matrix and impugned judgment
dated 04.04.2016, this Court proceeds to
decide the same by a common judgment.

B. FACTUAL MATRIX

(6) In the intervening night of
12/13.07.1991, three incidents at three
different places i.e. (1) Neoria, (2)
Bilsanda, and (3) Puranpur, in District
Pilibhit took place between the alleged
Sikh terrorists and the police of District
Pilibhit, in which ten alleged militants were
killed. In this regard, cumulatively thirteen
F.I.Rs. were lodged in police station
Neoria, Bilsanda and Puranpur of district
Pilibhit.

( i ) F.I.R. RELATING TO THE
INCIDENT
THAT
TOOK
PLACE
WITHIN THE JURISDICTION OF
POLICE STATION NEORIA

(7) In respect of the incident that took
place at Neoria, district Pilibhit, wherein
four alleged terrorists, namely, Baljeet
Singh alias Pappu, Jaswant Singh alias
Jassa, Harminder Singh alias Minta and
Surjan Singh alias Bittoo, were killed in an
encounter, Case Crime Nos. 144 to 148 of
1991, under Sections 147, 148, 149, 307
I.P.C. and Section 25 of the Arms Act were
registered at Police Station Neoria, District
Pilibhit on the oral complaint of Chander
Pal Singh, Station Officer, Police Station
Neoria, alleging therein that in the
intervening night of 12/13.07.1991, he
along with Constable Sukhpal Singh of
Police Station Neoria, S.I. Brahm Pal Singh
of Police Station Sungadi, Constable No.
331 Gyan Giri, Constable No. 76 Subhash
Chander, Constable No. 410 Lakhan Singh
of Police Station Sungadi, Constable No.
394 Mahender Singh of Police Station
Puranpur, Constable No. 481 Nazim Khan
of
Police
Station
Barkhera,
Constable/Driver Shiv Ram Singh of Police
Lines in one party and in another party,
S.O. Harpal Singh of Police Station
Gajraula, S.O. Rajinder Singh of Police
Station Amaria, Constable No. 85 Ram
Swaroop, Constable No. 428 Narain Lal,
Constable No. 27 Krishanaveer, Constable
No. 30 Karan Singh of Police Station
Gajraula, Constable No. 125 Rakesh,
Constable No. 465 Nem Chand, Constable
375 Shamsher of Police Station Amaria in
Government Jeep along with Driver Veer
Singh of Police Station Amaria, HC 51
Satyender Singh of Police Station Neoria,
Constable No. 247 Badan Singh of Police
Station Neoria, had laid an ambush near
Dhamela Kuan in the Mahof forest. At
12 All. Devendra Pandey & Ors. Vs. State of U.P.
41
about 04:00 p.m., 5-6 Sikhs were seen
coming towards them. On suspicion, they
challenged them. On being challenged, they
(5-6 Sikhs) opened fire on the police parties
with the intention to kill them, upon which
the police parties had also opened fire in
self-defence. The firing between the Sikh
militants and the police parties continued
for about half an hour. In the meanwhile,
two militants were seen to be running away
toward the forest, upon which one party
headed by S.O. Amaria chased them but
they ran away in the forest. After the firing
stopped from the side of the militants, the
police party went there and found the deadbodies of four unknown Sikh militants,
who died as a result of gun shot injuries.
From the possession of one militant, one
S.B.B.L. country-made gun 12 bore and
four cartridges laid near to him were
recovered; from the possession of second
militant, one S.B.B.L. countrymade gun 12
bore and five cartridges laid near to him
were recovered; from the possession of
third militant, one 315 bore countrymade
rifle and four live catridges laid in his half-
open fists of right hand, were recovered;
and from the possession of fourth militant,
one 315 bore countrymade rifle and five
live catridges laid in his left side, were
recovered. Thereafter, the recovery memos
of the aforesaid arms and ammunition were
prepared separately and brought to the
police station.

(7.1) The investigation of the
aforesaid incident took place at Neoria,
district Pilibhit was conducted by S.I. Naresh
Chand, who, after conducting inquest of the
dead-bodies of the four unidentified militants,
sent it for post-mortem.

(7.2) The post-mortem of the
deadbodies of four unidentified alleged
militants (later on identified as Harmendra
Singh alias Minta, Baljeet Singh alias Pappu,
Surjan Singh and Jaswant Singh alias Lassa)
were conducted between 06:00 p.m.-07:00
p.m. on 13.07.1991 at District Hospital,
Pilibhit by Dr. P.N. Saxena, who found the
following ante-mortem injuries on their
persons:-

"Ante-mortem injuries of first
unidentified deadbody, aged about 22
years (Ext. Ka. 23/1)

(1) A Gun Shot wound of entry on
the Rt. upper arm 8 cm below the shoulder
medially 0.5 x 0.5 cm ċ wound of exit on the
lateral side. 2 cm lateral to the injury No. (1)
measuring 0.8 cm x .6 cm. No blackening
tattooing.

(2) A.G.W. of entry 4 cm x 2 cm at
front of chest 1 cm above the Rt. nipple ċ
wound of exit on Lt. side of chest measuring
5 cm x 6 cm. No blackening tattooing at ant.
axillary fold.

(3) A.G.W. of entry on the Rt. side
chest .5 cm x .5 cm x cavity deep. 8 cm
lateral to Rt. nipple at 9 O'clock. No
blackening tattooing present.

(4) A.G.W. of entry .5 cm x .5 cm
on Lt. (sic) ċ wound of exit point to the w. of
entry measuring 1.5 cm x 1.5 cm. No
blackening tattooing present.

Ante-mortem injuries of second
unidentified deadbody aged about 28 years
(Ext. Ka.23/2)

(1) G.W. of entry 8 cm x 4 cm x
muscle deep directing upward out the Rt. side
chest. 6 cm below the Rt. nipple at 6 O'clock
position. One pellet recovered.

(2) G.W. of entry 2 cm x 1 cm at
the epassguinea x cavity deep ċ wound of exit
in the hypogastrium measuring 6 cm x 4 cm
loops of bowels coming out.

(3) A.G.W. of entry at Rt. side of
abdomen 2 cm x 2 cm cavity deep.
Communicating ċ wound of exist at Rt. iliac
fossa 4 cm x 3 cm.

(4)
Two
wounds
of
entry
measuring each .5 cm x .5 cm at Rt. upper
42 INDIAN LAW REPORTS ALLAHABAD SERIES
arm just below the shoulder joint ċ wound
of exit in the Rt. axilla 4 cm x 4 cm ċ
fracturing underlying bones.

(5) A.L.W. 4 cm x 3 cm x muscle
deep at Lt. side chest. 4 cm below the
Axilla.

Ante-mortem injuries of third
unidentified dead-body aged about 28
years (Ext. Ka. 23/3)

(1) A.G.W. of entry 2 cm x 2 cm
x cavity deep. Rt. side chest. 8 cm below
the axilla at ant. axially fold. Rt. side chest
communicating ċ wound of exit 4 cm x 4
cm at Rt. inguinal region.

(2) A.G.W. of entry at Lt. side
neck 2 cm above in Lt. clavicle middle part
0.5 cm x 0.5 cm x cavity deep ċ wound of
exit 10 cm x 4 cm just below the Lt. nipple
underlying bones fractured.

(3) G.W. of entry just below the
Lt. scapula 0.5 cm x 0.5 cm communicating
ċ wound of exit. 4 cm x 4 cm just above the
Rt. illiac crest.

(4) L.W. 10 cm x 4 cm x muscle
deep at lateral on side of Rt. thigh in the
middle.

(5) A.L.W. 12 cm x 6 cm at
anterior-lateral side of lower 1/3rd of Rt.
leg underlying bones fractured.

(6) An abraded contusion 10 cm x
10 cm at his mid of sacrum.

Ante-mortem injuries of fourth
unidentified deadbody aged about 24
years (Ext. Ka. 23/4)

(1) A.G.W. of entry 0.5 cm x 0.5
cm on the top of Rt. shoulder x cavity deep.
Communicating with wound of exit at Lt.
side abdomen 6 cm above the A.S.I.S.
measuring 3 cm x 3 cm.

(2) A.G.W. of entry .5 cm x .5 cm
at Lt. side neck (sic) part, 7 cm below the
angle of mandible ċ wound of exit 6 cm x 4
cm at left tempo parietal region brain
matters coming out of the wound. # of
underlying bones.

(3) A.G.W. of entry .5 cm x .5 cm
Lt. side of epigastrium x cavity deep with
wound of exist 5 cm x 3 cm at level of 2nd
(sic) spine Rt. side back.

(4) L.W. 2 cm x 1/2 cm x muscle
at wrist joint gone left side medially.

(5) L.W. 5 cm x 2 cm x muscle
deep in the middle of Lt. leg laterally."

The cause of death spelt out in
the post-mortem reports of all the deadbodies of unidentified alleged terrorists was
due to shock and haemorrhage as a result of
aforesaid ante-mortem injuries.

( ii ) F.I.R. RELATING TO THE
INCIDENT
THAT
TOOK
PLACE
WITHIN THE JURISDICTION OF
POLICE STATION BILSANDA

(8) In respect of the incident which
took place at Bilsanda, district Pilibhit,
wherein alleged four militants, namely,
Lakhvinder Singh alias Lakkha, Jaswant
Singh alias Fauji, Kartar Singh son of
Ajaib Singh and Randhir Singh alias
Dheera, were said to be killed in alleged
encounter by the police, Case Crime Nos.
136 to 140 of 1991, under Sections 147,
148, 149, 307 I.P.C., Section 25 of the
Arms Act and Section 3/4 of TADA Act,
were registered at Police Station Bilsanda,
District Pilibhit on the oral complaint of
S.O. Devendra Pandey of police station
Bilsanda, district Pilibhit, alleging therein
that
in
the
intervening
night
of
12/13.07.1991, he alongwith SHO Mohd.
Anis of Police Station Bisalpur, S.I.
Ramesh Bharti of Police Lines, Pilibhit,
Constable Ashok Kumar of Police Station
Bisalpur, S.I. Veerpal Singh, H.C. No. 9
Nathu Singh, Constable 567 Dhani Ram,
Constable 164 Ugar Pal, Constable 540
Sugam Chandra, Constable 551 Collector
Singh, Constable 19 Kunwar Pal Singh,
Constable 392 Shyam Babu, all of Police
Station Bilsanda, H.C. Banwari Lal of
12 All. Devendra Pandey & Ors. Vs. State of U.P.
43
PAC, Constable 42114 Dinesh Singh,
Constable 42855 Sunil Kumar Dixit,
Constable 42943 Arvind Kumar, Constable
42231 Ram Nageena and Constable 42237
Vijay Kumar Singh, all of 32nd Battalion
PAC B Coy and Shyam Nath Shukla
Platoon Commander 32nd Battalion B Coy
of Provincial Armed Constabulary (PAC)
with half section, left Police Station
Bilsanda at 23:15 hours vide G.D. Entry
No. 48 in connection with the investigation
and in search of militants of Case Crime
No. 13 of 1991 registered on 12.07.1991 at
Police Station Bilsanda relating to looting
of one .315 bore rifle of Shri Prahlad Singh
son of Beche Singh, resident of Pipergehna
and one .12 bore gun of Shri Jagdish son of
Sardar,
resident
of
Bhikampur.
In
connection thereof, the aforesaid police
party reached Phagunai Ghat at 03:30 a.m.
in the intervening night of 12/13.07.1991,
wherein they found movement of some
persons near the river bed. After that, the
Station Officer lit his torch and in the torch
light, the Station Officer found that those
persons appeared to be Sikh militants.
Immediately thereafter, he challenged them
on which the militants opened fire on the
police party with the intention to kill them
and raised slogans ''Khalistan Jindabad',
upon which the police party had also
opened fire in self-defence. During the
firing, 4-5 militants crossed the river and
ran away. At about 04:30 a.m., when the
firing from the militants stopped, the police
party moved ahead and recovered the
unidentified deadbodies of three militants
from the river bank and that of one militant
from inside the river. From the possession
of the aforesaid four militants, arms and
ammunitions
were
seized
under
the
recovery memos.

(8.1) The investigation of the
aforesaid incident was entrusted to S.I.
Netrapal Singh, who, after conducting the
inquest of the deadbodies of four alleged
unidentified
terrorists
from
S.D.M.
Bisalpur, sent their deadbodies for postmortem.

(8.2) The post-mortem of three
unidentified deadbodies (later on identified
as Jaswant Singh alias Fauji, Kartar Singh
and Randeer Singh alias Dheer) was
conducted on 13.07.1991 at 10:00 p.m. in
District Hospital, Pilibhit by Dr. P.N.
Saxena, who, found the following antemortem injuries on their persons :-

Ante-mortem injuries of first
unidentified
deadbody
of
alleged
terrorist aged about 30 years (Ext. Ka.
24/1)

1. G.W. shot lacerated wound Rt.
side skull 10 cm x 6 cm x cavity deep
bones fractured in pieces. Brain matter
coming out.

2. G.W. of entry at medial side of
thigh (Left) at perineum 5 cm x 5 cm ċ
communicating wound of exit 5 cm x 3 cm
at the upper part of thigh front aspect 2 cm
below in A.S.I.S.

3. L.W. 2 cm x 1.5 cm at the base
of Lt. great toe.

Ante-mortem injuries of second
unidentified
deadbody
of
alleged
terrorist aged about 20 years (Ext. Ka.
24/2)

1. Firearm wound entry 2 cm x 2
cm on the front of chest on the central part
of sternum bone, cavity deep.

2. Firearm wound of exit 5 cm x
5 cm on the left side back 10 cm below
lower angle of scapula.

3. Fire wound of entry 2 cm x 2
cm on the top of Rt. shoulder of mole (sic).

4. Fire wound of exit 18 cm x 5
cm on the front aspect of Rt. forearm elbow
& forearm.

5. Lacerated wound 3 cm x 3 cm
on the left thumb in distal half of left hand
with amplitude of distal half of (sic).
44 INDIAN LAW REPORTS ALLAHABAD SERIES

Ante-mortem injuries of third
unidentified
deadbody
of
alleged
terrorist aged about 45 years (Ext. Ka.
24/3)

1. G.W. of entry .5 cm x .5 cm x
cavity deep at Rt. side para sternum region
ċ wound of exit at milieu scapula region
measuring 6 cm x 5 cm.

2. G.W. entry .5 cm x .5 cm x
cavity deep at parasternal region 3 cm
below & Rt. to the injury no.(1) ċ
xiphisternum wound of exit Rt. side lower
part of back just above the sacral region.

1. L.W. 10 cm x 5 cm x muscle
deep just above & front of Rt. knee.

2. Lacerated wound (sic) muscle
deep at back (sic).

(8.3) The post-mortem of fourth
unidentified dead-body of alleged terrorist
(later on identified as Lakhvinder Singh
alias
Lakkha)
was
conducted
on
13.07.1991 at 10:30 p.m. in District
Hospital, Pilibhit by Dr. Vimal Kumar, who
found the following ante- mortem injuries
on his person :-

Ante-mortem injury of fourth
unidentified
deadbody
of
alleged
terrorist aged about 38 years (Ext. Ka.
24/4)

1. Lacerated wound of gun shot
present on the medial side of left upper top
of head 12 cm x 6 cm x cranial cavity deep
from where brain matter are coming out
under bone of scalp fractured.

2. Abrasion 2 cm x 2 cm on the
front of Rt. knee.

3. Abrasion 2 cm x 2 cm on the
middle of left forearm on the back aspect.

4. Lacerated wound 4 cm x 2 cm
x muscle deep on the Rt. palm.

5. Abrasion 3 cm x 2 cm on the
back of Rt. elbow."

The cause of death spelt out in
the aforesaid post-mortem reports of four
unidentified deadbodies was due to shock
and haemorrhage as a result of antemortem injuries.

(iii) F.I.R. RELATING TO THE
INCIDENT
THAT
TOOK
PLACE
WITHIN THE JURISDICTION OF
POLICE STATION PURANPUR

(9) In respect of the incident which took
place at Puranpur, wherein two alleged
terrorists, namely, Narendra Singh alias
Ninder and Mukhvinder Singh alias Mukha,
were said to be killed in an encounter, Case
Crime Nos. 363 to 365 of 1991, under
Sections 147, 148, 149, 307 I.P.C. and under
Section 25 of the Arms Act were registered
against the two unknown deceased militants
at Police Station Puranpur, District Pilibhit on
13.07.1991 at 06:15 a.m., on the oral
complaint of Vijendra Singh, Station House
Officer, Puranpur, alleging therein that on
12.07.1991, at about 09:05 p.m., he received
an information that a gang of 6-7 militants
armed with AK47, .315 bore rifles, 12 bore
gun and revolver were likely to come from
Tarai side around midnight, upon which he
requisitioned police force from police station
Madho Tanda and a section of PAC, 11⁄2
Section of Special Protection Force (SPF).
After requisition, the force had arrived at
Police Station Puranpur. Thereafter, he
alongwith S.I. M.P. Vimal, S.I. M.C. Durga
Pal, S.I. R.K. Raghav, S.I. Surjit Singh, S.I.
U.P. Singh, S.I. S.S. Virk, Constable 473
Munna Khan, Constable 584 Durvijay Singh,
Constable 23 Munis Khan, Constable 409
Vijay Bahadur, Constable 210 Veer Singh,
Constable 128 Mahavir Singh, Constable 30
Gaya Ram, Constable 371 Register Singh,
Constable 80 Rashid Hussain, Constable 470
Durvijay Singh, Constable/Driver Syed Aale
Raza Rizvi, all of Police Station Puranpur,
S.O. Rajesh Chander Sharma of Police
Station Madho Tanda, S.I. M.P. Singh, S.I.
S.P. Singh, Constable 37 Harpal Singh,
Constable 429 Ram Chander, Constable 165
12 All. Devendra Pandey & Ors. Vs. State of U.P.
45
Kishan Bahadur, all of Police Station Madho
Tanda along with one section of Central
Reserve Police Force (CRPF), one section of
PAC 15th Battalion and one and a half
section of SPF and Constable No. 257 Suraj
Pal of Police Station Kotwali, Pilibhit, left the
police station at 22:30 hours and reached
Barhamdev Barrier at about 22:50 hours in
police vehicles. The police vehicles were left
at the barrier. S.I. S.S. Virk, Constable 210
Veer Singh, Constable 409 Vijay Bahadur
along with one Section of PAC of 15th
Battalion were instructed to lay a picket in
front of village Pattabhoji and the rest of the
force went inside the Pattabhoji forest to lay
an ambush. Around 12 midnight, 6-7 persons
came from the North side. On being
challenged, they opened fire on the police
party with intention to kill. The fire was
returned by police personnel. The intermittent
exchange of fire between the militants and
the police party continued until a little before
dawn. When there was no firing from the
militants' side for about half an hour, the
police party came out from the ambush and
noticed two militants lying dead on the kacha
road. The arms and ammunitions recovered
from the possession of the aforesaid two
militants were seized under the recovery
memo.

(9.1) The investigation of the
aforesaid case was conducted by SI S.S.
Vrik, who after conducting the inquest of
the two unidentified dead-bodies of the
alleged terrorists, sent it for post-mortem.

(9.2) The post-mortem of two
unidentified dead-bodies of the alleged
terrorists (later on identified as Mukhvinder
Singh alias Mukkha and Narendra Singh
alias
Ninder)
was
conducted
on
13.07.1991, at 05:30 p.m., in District
Hospital Pilibhit by Dr. D.B. Kaushik, who
found the following ante-mortem injuries
on their persons :-

"Ante-mortem injuries of first
unidentified dead body of the alleged
terrorist aged about 28 years (Ext. Ka.
25/1)

1. A Gun shot wound of entry of
size .5 cm x .5 cm frontier arm of (Lt.)
shoulder ċ wound of exit 3 cm x 2 cm (sic)
post aspect (Lt.) shoulder.

2. A Gun shot wound of entry of
size .5 x .5 cm present on back of (Lt. side)
Abdomen 3 cm (sic.) with exit wound of
size 3 cm x 3 cm cavity deep (sic.) linear
part of Rt. side of chest 8 cm below the
(Rt.) nipple, 9th & 10th ribs #.

3. A Gun shot wound of entry of
size .5 cm x .5 cm from below of upper part
of abdomen 6 cm below the middle line 10
cm above the iliac spine, with wound of
exit 5 cm x 4 cm cavity deep (sic)
epigastrium (Lt.) side.

4. Multiple Gun shot wounds of
entry of size 2 cm x 2 cm in the area of 6
cm x 6 cm (sic.) Rt. side muscle deep &
cavity deep. Bullets recovered (7)mm/in
No. from the wounds.

1. a L.W. of size 6 cm x 4 cm x
muscle deep (sic.) of (Rt.) forearm 9 cm
above the left joint. In all the injuries, no
blackening and tattooing.

"Ante-mortem
injuries
of
second unidentified dead body of the
alleged terrorist aged about 28 years
(Ext. Ka. 25/2)

1. G.S. wound of entry .5 cm x .5
cm frontier (R) side of chest cavity deep
just above the nipple communicating with
the wound of exit of size 6 cm x 4 cm at the
xiphisternum (Lt.) side.

2. G.S. wound of entry of size .5
cm x .5 cm frontier (Rt.) nipple cavity
deep. Communicating ċ the exit wound of
size 6 cm x 4 cm at the xiphisternum (Lt.)
side.

3. G.S. wound of entry present at
the base of Rt. side (sic) 2 cm above the
46 INDIAN LAW REPORTS ALLAHABAD SERIES
clavicle .5 cm x .5 cm cavity deep.
Communicating ċ the wound of exit 3 cm x
3 cm at the Rt. mid scapular line (inter
scapular region).

4. G.S. wound of entry of size .5
cm x .5 cm frontier (Lt.) scapula medial
(sic.) communicating with the wound of
exit 8 cm x 4 cm (sic) present (Lt.) side
front of chest just above the nipple.

5. G.S. wound of entry of size .5
cm x .5 cm cavity deep 8 cm below the
injury No. (4) communicating with the
wound of exit of injury No.4.

6. L.W. of size 12 cm x 6 cm
from medial side of (Lt.) forearm middle
muscle deep.

7. G.S. wound of entry .5 cm x .5
cm from the base of (Lt.) thumb (sic)
communicating ċ the wound of exit 6 cm x
6 cm at the medial side of (Lt.) (sic.).

In all the above injuries, no bleeding
and tattooing present.

The cause of death spelt out in the
aforesaid post-mortem reports of the
unidentified deceased was due to shock and
haemorrhage as a result of ante-mortem
injuries.

(10) It is pertinent to mention that
after post-mortem, all ten unidentified
dead-bodies were cremated by the police at
the cremation ground located by the side of
police lines, Pilibhit during the night of
13.07.1991.

(iv)
BACKGROUNDS
OF
ENTRUSTMENT
OF
INVESTIGATION TO THE CENTRAL
BUREAU OF INVESTIGATION AND
FILING
OF
CHARGE-SHEET
AGAINST THE ACCUSED PERSONS

(11) A news item was published in
''The
Times
of
India'
edition dated
18.07.1991 i.e. after five days of the
aforesaid incidents. On the basis of the
aforesaid news item, R.S. Sodhi, Advocate,
had filed Writ Petition (Criminal) No. 1118
of 1991 : R.S. Sodhi, Advocate Vs. State of
U.P. and others, before the Apex Court on
18.07.1991 itself, wherein the Apex Court
directed the Additional Chief Judicial
Magistrate, Pilibhit to conduct an inquiry
and submit his report. In pursuance thereof,
the Additional Chief Judicial Magistrate,
Pilibhit, conducted an inquiry into the
matter and submitted a report before the
Apex Court, pointing out therein that the
identity of the persons killed in the
encounters was not correctly stated. In the
meanwhile, the State Government also
appointed one member Commission headed
by a sitting Judge of the Allahabad High
Court to inquire into the matter.

(12) During pendency of the aforesaid
writ petition, the Investigating Officer had
submitted final report in the aforesaid three
F.I.Rs. on the pretext that ten Sikhs, which
were killed at Neuria, Bilsanda and
Puranpur, were terrorists.

(13) Thereafter, on 15.05.1992, the
Apex Court had considered all the
aforesaid facts and circumstances of the
aforesaid incidents and after considering it,
the
Apex
Court,
vide
order
dated
15.05.1992, entrusted the investigation of
the aforesaid incidents which took place at
Neuria, Bilsanda and Puranpur in district
Pilibhit,
to
the
Central
Bureau
of
Investigation.

(14) After entrustment of the
investigation by the aforesaid order dated
15.05.1992,
the
Central
Bureau
of
Investigation had registered three separate
corresponding cases under Sections 120-B,
302/34, 364, 365, 218, 117 I.P.C., at Police
12 All. Devendra Pandey & Ors. Vs. State of U.P.
47
Station C.B.I./S.I.C., District Lucknow on
01.01.1993 at 04:00 p.m. viz. Crime No.
RC 1 (S) of 1993 (Ext. Ka.39) in respect of
Case Crime Nos.144 to 148 of 1991
registered at Police Station Neoria in
connection with the incident which took
place in the Dhamela Kuan forest within
the area of Police Station Neoria; Crime
No. RC 2 (S) of 1993 (Ext. Ka.40) in
respect of the Case Crime No. 136 to 140
of 1991 registered at Police Station
Bilsanda in connection with the incident
which
took
place
in Wahad
Gram,
Sheetlapur Fanaighat within the area of
Police Station Bilsanda; and Crime No. RC
3 (S) of 1993 (Ext. Ka. 41) in respect of
Case Crime Nos. 363 to 365 of 1991
registered at Police Station Puranpur in
connection with the incident which took
place in Pattabhoji forest within the area
Puranpur, district Pilibhit.

(15) The investigation of Crime No.
RC 1 (S) of 1993 was conducted by the
Inspector J.C. Prabhakar, C.B.I. (P.W.29);
the investigation of Crime No. RC 2 (S) of
1993 was conducted by the Inspector Shri
Hoshiyar Singh and after that it appears
that investigation was entrusted to Shri R.S.
Prasad, D.S.P. and thereafter to Randhir
Singh Punia (P.W.63), D.S.P., C.B.I.; the
investigation of Crime No. RC 3 (S) of
1993 was conducted by Shri Harbhajan
Ram, D.S.P., C.B.I. P.W.64-Diwan Singh
Dagar had conducted the investigation of
the aforesaid three cases as an Assistant
Investigating Officer.

(16) Thereafter, further investigation
of
the
aforesaid
three
cases
was
entrusted/transferred to Shri R.S. Dhankar,
D.S.P., C.B.I., who, after due investigation,
prepared the common charge-sheet against
57 accused persons for the offences
punishable under Sections 120B read with
Sections 302, 364, 365, 218 I.P.C. and
submitted it before the Court concerned on
09.06.1995.

(17) At this juncture, it would be apt
to mention that during the course of trial,
Shri R.S. Dhankar died, therefore, he was
not examined by the trial Court.

(18) After investigation, the case set
up by the CBI is that on 20.06.1991, a
passenger bus, bearing No. UP-26/0245, of
Shri Amit Kumar (P.W.5), was chartered by
Talwinder
Singh
(missing
after
the
incident) for Rs.30,000/- for a pilgrimage
trip to Patna Saheb and Hazoor Saheb from
29.06.1991 to 12.07.1991. In this regard, an
advance payment of Rs.500/- was made
vide receipt No. 720 on 20.06.1991 itself
and Talwinder Singh gave a list of
passengers in duplicate to the owner of the
aforesaid bus Shri Amit Kumar (P.W.5).

On 28.06.1991, Shri Amit Kumar
applied for issuance of a temporary permit
for the aforesaid bus in respect of a
pilgrimage trip to R.T.O., Bareilly by
enclosing the list of passengers in duplicate
and obtained temporary permit no. 872 for
the period 30.06.1991 to 13.07.1991 on the
date itself i.e. on 28.06.1991.

On 29.06.1991, Talwinder Singh
contacted the owner of the aforesaid bus
Shri Amit Kumar, upon which Shri Amit
Kumar gave temporary bus permit along
with the list of passengers to his driver
Mushraff Hussain and directed him to ply
the bus as chartered. Around 09:00-10:00
a.m., Driver Mushraff Hussain, helper
Pradeep Kumar alias Rashid along with
Talwinder Singh left Pilibhit for Sitarganj,
Nanak Matha and Amaria for collecting the
passengers.

After collecting 24 passengers
from the aforesaid places, the bus returned
48 INDIAN LAW REPORTS ALLAHABAD SERIES
to Pilibhit in the late afternoon of
29.06.1991 itself. Thereafter, at Pilibhit,
Talwinder Singh made the balance payment
of Rs.29,500/- to Shri Amit Kumar and
thereafter the bus left for onward journey.
Having left Pilibhit, the aforesaid 24
passengers/pilgrimages
along
with
Talwinder went to Banaras, Patna Sahib,
Hazur Sahib and Nanded etc.

On
11.07.1991,
after
paying
darshan
at
Nanded,
the
pilgrimages/passengers party left Nanded
and reached Gwalior. On 12.07.1991, after
paying obeisance at Gwalior Gurdwara, the
party left Gwalior and reached Kachla
Ghat,
Police
Station
Kotwali
Soron,
District Etah at about 10:00-11:00 am,
wherein armed police personnel of district
Pilibhit intercepted the aforesaid bus. After
that ten Sikh pilgrimages (deceased) as
well as Talwinder Singh (missing) were
deboarded from the bus and boarded in sky
blue colour mini-bus belonging to the
police. Thereafter, 8-10 armed police
personnel boarded in the passengers' bus
and kept roaming it here and there for
whole day. Thereafter, in late night of
12.07.1991, passenger's bus was brought to
a Gurdwara in Pilibhit and its occupants
were let off. In the meanwhile, ten Sikh
persons, who were deboarded from the
aforesaid pilgrimage bus, were divided into
three parts and in the intervening night of
12/13.7.1991, the police of district Pilibhit
killed them at three different places i.e.
Neuria, Bilsanda and Puranpur showing
them as Sikh terrorists in a fake encounter.