# Shahid v. State of U.P. & Ors

- **Citation:** (2025) 5 ILRA 70
- **Court:** High Court of Judicature at Allahabad
- **Decided:** 2025-05-30
- **Case number:** Capital Cases No. 1 of 2024
- **Bench:** Rajiv Gupta, Subhash Chandra Sharma
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/shahid-v-state-of-u-p-ors-53436
- **Pages:** 8

## Headnote

A. Criminal Law - Indian Penal Code,1860
- Sections 302, 201 & 376DB - Protection
of Children From Sexual Offences Act,
2012 - Sections 5 & 6 - Murder and Rape
-
Death
sentence
-
Circumstances
evidence - Relevancy - No witnesses were
produce to proof fard regarding taking of
underwear - Effect - Held, the case is
based
on
circumstantial
evidence,
therefore, the prosecution is to prove each
link
in
the
chain
of
circumstances
indicating the guilt of the accused but the
fard paper no. 14A/1, F.S.L. & D.N.A.
reports paper nos. 15A & 50A have been
left unproved though relied by the learned
trial court in convicting and sentencing
the
accused
without
giving
him
opportunity to explain about it - High
Court remanded back to the learned trial
court to summon the witnesses as court
witnesses to prove fard regarding taking
of underwear from the dead body of the
deceased and scientific experts associated
with the preparation and issuance of the
F.S.L./D.N.A.
report
with
the
entire
supporting material and opportunity of
cross-examination be also given to the
accused. (Para 24 and 26)
B. Criminal Law - Criminal Procedure
Code,1973 - Section 313 - Trial court
considered the FSL report, while passing
the death sentence order - But the report
has
not
been
placed
before
the
accused/appellant for the purpose of
providing him an opportunity to explain
the same u/s 313 Cr.P.C. - No relevant
question regarding DNA report was put to
appellant - Effect - Held, it is settled
principle of law that any incriminating
piece of evidence to be relied upon by the
learned trial court for conviction must be
provided to the accused to enable him to
explain about its contents however the
said exercise has not been undertaken by
the learned court, which amounts to a
glaring error on the part of the learned
trial court and renders the order of
conviction bad in law. (Para 19)
Appeal allowed. (E-1)
List of Cases cited:

## Text

70 INDIAN LAW REPORTS ALLAHABAD SERIES
circumstances of this case do not warrant
exercise of discretion of this court by
enlarging the applicant on bail. The bail
application is accordingly rejected.
----------
(2025) 5 ILRA 70
APPELLATE JURISDICTION
CRIMINAL SIDE
DATED: ALLAHABAD 30.05.2025

BEFORE

THE HON'BLE RAJIV GUPTA, J.
THE HON'BLE SUBHASH CHANDRA
SHARMA, J.

Capital Cases No. 1 of 2024

Shahid ...Appellant
Versus
State of U.P. & Ors. ...Respondents

Counsel for the Appellant:
Narendra Kumar Singh

Counsel for the Respondents:
Araf Khan, G.A., Lihazur Rahman Khan

A. Criminal Law - Indian Penal Code,1860
- Sections 302, 201 & 376DB - Protection
of Children From Sexual Offences Act,
2012 - Sections 5 & 6 - Murder and Rape
-
Death
sentence
-
Circumstances
evidence - Relevancy - No witnesses were
produce to proof fard regarding taking of
underwear - Effect - Held, the case is
based
on
circumstantial
evidence,
therefore, the prosecution is to prove each
link
in
the
chain
of
circumstances
indicating the guilt of the accused but the
fard paper no. 14A/1, F.S.L. & D.N.A.
reports paper nos. 15A & 50A have been
left unproved though relied by the learned
trial court in convicting and sentencing
the
accused
without
giving
him
opportunity to explain about it - High
Court remanded back to the learned trial
court to summon the witnesses as court
witnesses to prove fard regarding taking
of underwear from the dead body of the
deceased and scientific experts associated
with the preparation and issuance of the
F.S.L./D.N.A.
report
with
the
entire
supporting material and opportunity of
cross-examination be also given to the
accused. (Para 24 and 26)
B. Criminal Law - Criminal Procedure
Code,1973 - Section 313 - Trial court
considered the FSL report, while passing
the death sentence order - But the report
has
not
been
placed
before
the
accused/appellant for the purpose of
providing him an opportunity to explain
the same u/s 313 Cr.P.C. - No relevant
question regarding DNA report was put to
appellant - Effect - Held, it is settled
principle of law that any incriminating
piece of evidence to be relied upon by the
learned trial court for conviction must be
provided to the accused to enable him to
explain about its contents however the
said exercise has not been undertaken by
the learned court, which amounts to a
glaring error on the part of the learned
trial court and renders the order of
conviction bad in law. (Para 19)
Appeal allowed. (E-1)
List of Cases cited:
1. Anokhilal Vs St. of M.P.; AIR 2020 SC 232
2. Criminal Appeal No. 166/1668 of 2021; Irfan
@ Bhayu Mevati Vs The St. of Madhya Pradesh
decided on 16.01.2025
(Delivered by Hon'ble Subhash Chandra
Sharma, J.)

1. This appeal has been filed by the
appellant against the judgment and order
dated 20.12.2023 passed by the learned
Special Judge (POCSO Act)/ Additional
Sessions Judge, Farrukhabad in Special
Session Trial No. 921 of 2023 (State Vs.
Shahid) arising out of Crime No. 179 of
2023, under Section 302, 201, 376DB IPC
and Section 5/6 Protection of Children
From Sexual Offences Act, Police Station
Kampil, District Farrukhabad, whereby
5 All. Shahid Vs. State of U.P. & Ors.
71
appellant Shahid has been convicted and
sentenced under Section 302 IPC with
death sentence and fine of Rs.1,00,000/-, in
default six month rigorous imprisonment;
under Section 201 IPC for a period of three
years rigorous imprisonment and fine
Rs.20,000/-,
in
default
three
months
rigorous imprisonment and under Section
5/6 POCSO Act with death sentence and
fine of Rs.1,00,000/-, in default six months
rigorous imprisonment.

2. The learned trial court has also
made
reference
to
this
Court
for
confirmation of death sentence.

3. The prosecution case in brief is that
on 12.09.2023 at about 9 a.m. the victim
aged about 4 years went missing from outside
her house while she was playing there.
Members of her family searched for her but
could not find her out. At about 6 p.m.
Nawab Alam resident of same village told the
informant/ Abdul Haq that at about 10 a.m.
he saw the victim following Shahid and his
friend Daren heading towards poultry farm.
On this information, the informant alongwith
Sakib, Nurul Haq along with other persons
proceeded towards poultry farm of Shahid
and tried to search her out, however they
found the deformed dead body of the
victim/deceased, lying 100-150 metres away
from poultry farm. The informant then
lodged an F.I.R. by giving written tehrir on
12/13.09.2023 at 1.01 a.m. in the police
station concerned which was registered as
Crime No. 179 of 2023 under Section
376DB, 302, 201 IPC and 5/6 POCSO Act.

4. Investigation of the case was
entrusted to S.I. Ashok Kumar.

5. The inquest of the deceased was
conducted by S.I. Deepak Singh on
13.09.2023 at about 01.45 am to 3 am. The
dead body of the deceased was sealed and
after preparing other relevant papers, it was
sent for post mortem.

6. On 13.09.2023 at about 4.10 p.m.
post mortem was conducted by Dr. Sumit
Kumar, Senior Medical Officer, CHC
Fatehgarh. The following ante-mortem
injuries were found on her person:

(1) Animal bite over the face and
neck which includes both mastoid region,
B/C maxillar and mandibular region
including external and internal structure of
neck and face. This injury appears to be
antemortem. Few tracheal are absent and
few are depressed.

 (2) Contusion 1.5 cm x 0.6 cm on
right lateral aspect of nasal bridge. On
dissection
nasal
bridge
is
slightly
depressed.

(3) Multiple abrasion over the
back of chest, trunk both buttocks and
thighs measuring 3.5 cm x 1.3 cm to 1.0 cm
x 0.5 cm.

 (4) Linear abrasion measuring
3.3 cm to 1.5 cm on the private parts
including labia majora.

(5) Multiple abraded contusion 3
cm x 1 cm to 1.8 cm x 0.7 cm on both side
anterior lateral aspect of both side chest.

Two vaginal slides and vaginal
swab prepared. Two anal slides and swab
(anal) prepared.

In the opinion of doctor, cause of
death could have been asphyxia as a result
of antemortem injury.

7. The Investigating Officer recorded
the statements of the informant and other
witnesses and also prepared site plan after
inspection of place of occurrence. The case
under Section 302, 201, 376DB IPC and
5/6 POCSO Act was found to be
established on the basis of material
72 INDIAN LAW REPORTS ALLAHABAD SERIES
collected during the course of investigation
as a result charge sheet was filed against
the present appellant and other co-accused
Daren who was a minor at the time of
alleged incident.

8. Learned trial court took cognizance
of the offences on 17.10.2023 and case of
co-accused Daren was separated from the
case of present appellant, he being a
juvenile.

9. The trial court after taking into
consideration the material on record,
framed the charges against appellant
Shahid under Sections 376DB, 302, 201
IPC and Section 5/6 POCSO Act. The
charges were read-over and explained to
the appellant, he pleaded not guilty and
denied the charges and claimed for trial.

10. Prosecution adduced P.W.1 Abdul
Haq, the informant; P.W.2 Nawab Alam,
the witness who told about the victim to the
informant; P.W.3 Kamare Alam, said to be
chance witness; P.W.4 Jahirul Haq; P.W. 5
S.I. Deepak Singh, who conducted inquest
of the deceased; P.W.6 Dr. Sumit Kumar
Singh, who conducted post mortem of the
deceased; P.W. 7 S.I. Ashok Kumar, the
Investigating Officer and P.W. 8 Dr.
Praveen
Kumar
Srivastava,
Scientist/incharge Kanpur zonal Field Unit,
Kanpur Nagar.

11. After conclusion of prosecution
evidence, statement of accused appellant
was recorded under Section 313 Cr.P.C. in
which he denied the allegations of rape,
murder & concealment of evidence and
alleged prosecution witnesses as interested
witnesses. He also narrated about the
testimony of P.W.2 Nawab Alam and P.W.
3 Kamare Alam to be false and further
stated that the police arrested him from his
house and recorded his false confessional
statement and also challanned him.

12. In defence, D.W.1 Radheshyam
was examined.

13. The learned court after hearing the
arguments of both the parties passed the
impugned judgment and order dated
13.12.2023 holding appellant guilty under
Sections 302, 201, 376DB IPC and Section
5/6 POCSO Act, thereafter, giving an
opportunity of hearing, on sentence, passed
the order dated 20.12.2023 awarding death
sentence to the appellant. Being aggrieved
and dissatisfied by the impugned judgment
& order present appeal has been preferred
along with the reference by the learned trial
court.

14. Heard Sri V.P. Srivastava, learned
Senior Counsel assisted by Sri Narendra
Kumar Singh, learned counsel for the
appellant, Sri Jitendra Kumar Jaiswal,
learned counsel for the State, Sri Sagir
Ahmed, learned Senior Counsel assisted by
Sri Araf Khan, learned counsel for the first
informant.

15. Learned counsel for the appellant
placed the following arguments that: (i) At
the time of inquest neither any underwear
was found on the dead body of the
deceased nor it was taken into possession.
Likewise, at the time of post mortem it was
not found but as per F.S.L. report, there
was an underwear in the bundle of clothes
sent for examination, which makes the
whole prosecution story doubtful.

(ii) The F.S.L. report dated
16.12.2023, forwarded to S.O. Kampil for
necessary action by C.O. on 17.12.2023,
was not brought on record at the time of
holding the appellant guilty on 13.12.2023.
5 All. Shahid Vs. State of U.P. & Ors.
73
This F.S.L. report was subsequently filed
by the prosecution and taken on record by
the learned trial court after holding the
appellant guilty and was considered by the
learned trial court while awarding the death
sentence vide order dated 20.12.2023
which was not put to the appellant, thus
depriving him of the opportunity to explain
it which seriously prejudices his right to
defend himself.

(iii) The victim is said to have
gone missing on 12.09.2023 at about 9 am
and her dead body was traced on the same
day at about 6 p.m. and Tehrir was also
written on 12.09.2023 but the F.I.R. was
lodged on 13.09.2023 at about 01.01 a.m.
with a delay about six hours without any
explanation.

(iv) The antimortem injuries
found on the neck of the deceased were
infact a result of animal bite which cannot
be said to have been caused by the
appellant which does not lead credence to
the prosecution story that the appellant has
committed murder of the deceased.

(v) There is no direct evidence in
the case but F.I.R. was lodged on suspicion
presuming that the appellant committed
rape and murder of the deceased. The
D.N.A. report is negative and do not
establish the fact that the appellant
committed
rape
with
the
victim.
Accordingly, the case, being based on
circumstantial evidence, cannot be said to
be proved beyond reasonable doubt. Since
the dead body was recovered beside the
poultry farm of the appellant so it was
presumed that he may have committed rape
and murder. Suspicion howsoever strong
may be cannot take the place of proof.

(vi) There is nothing in the F.I.R.
as well as in the testimony of the chance
witness that the deceased was being taken
by the appellant except the version that she
was following the appellant towards the
poultry farm.

16.
Learned
A.G.A.
vehemently
opposed the arguments raised on the part of
the learned counsel for the appellant and
contended that in this case, the F.I.R. was
promptly lodged on the same night. The
victim was seen by P.Ws. 2, 3 and 4
following the appellant towards the poultry
farm. The dead body was also found beside
the poultry farm and there were several
injuries on the person of the deceased
indicating that she was raped and then done
to death and thrown away in the field by
the appellant alongwith the other coaccused. During the course of investigation,
samples were taken from the appellant by
Scientist/ in-charge zonal field unit Kanpur
Nagar. Dr. Pravin Kumar Srivastava
examined as P.W. 8 conducted the
Benzidine test in which presence of blood
was found on both hands of the appellant
Shahid and in perennial swab blood and
semen were also found to be present. On
the basis of which his complicity was found
to be established. It was further contended
that the underwear which was present on
the dead body of the deceased/victim was
taken into possession by Incharge field
Unit on 12.09.2022 and handed over to the
Investigating Officer. Fard, challan was
prepared i.e. paper no. 14-A/1, therefore,
the contention of learned counsel for the
appellant that no underwear was found at
the time of inquest or postmortem makes
the prosecution version false, is untenable.
Further it could not be disputed that fard
challan paper no. 14-A/1 has been prepared
and proved by the concerned officer. It is
also contended that F.S.L. report dated
16.12.2023 was taken on record after
holding the appellant guilty and it was also
relied upon as supportive evidence by the
learned trial court, though the contents of
74 INDIAN LAW REPORTS ALLAHABAD SERIES
the report were not put to the appellant,
however it is relevant and admissible under
Section 293 Cr.P.C. Thus on that basis
alone, the conviction and sentence cannot
be said to be illegal.

17. From the arguments raised by the
learned counsel for the appellant as well as
learned A.G.A., it appears that issue nos. 1
& 2 strikes at the very root of the concept
of fair trial to the accused as well as to the
victim, therefore, we restrict ourselves to
these two issues first and would later
consider the other aspects raised by the
appellant counsel.

18. Issue No. 1 :- So far as the
argument related to the absence of
underwear of the deceased at the time of
inquest and post-mortem and its presence
in the F.S.L. report is concerned it is
germane to point out here that the inquest
was
conducted
by
S.I.
Deepak
on
13.09.2023 at 1.45 a.m. and concluded at 3
a.m. During inquest light pink coloured
baniyan half sleeves smudged with blood
and mud was found but there is no mention
of underwear. Paper no. 15-A is F.S.L.
report
forwarded
by
F.S.L.
Talgram
Kannauj dated 20.09.2023 it shows the
entry of underwear at serial no. 6 with other
articles. Likewise F.S.L. report paper no.
50-A from F.S.L. Agra dated 16.12.2023
also shows that underwear at serial no. 5
with other articles. There is paper no. 14A/1 on which it is mentioned that half
underwear light cream colour smudged
with blood and mud which was found stuck
on the left foot of the deceased was handed
over to the Investigating Officer present on
the spot, it shows the recovery of
underwear also from the dead body of the
deceased but this paper no. 14-A/1 has not
been proved and exhibited by the officer
who prepared it, though it is required under
law to get it proved by the officer who has
prepared
this
fard.
It
shows
the
inadvertence on the part of the prosecution
before the learned court. On the other hand,
it was also the duty of the learned trial
court to meet the ends of justice to summon
and examine such witness by exercising its
powers under Section 311 Cr.P.C. but it
was not done. On this point the learned
prosecutor as well as learned trial court
committed error in discharge of their
duties.

19. Issue no. 2 :- The learned trial
court
held
the
appellant
guilty
on
13.12.2023. Till then the F.S.L. report
dated 16.12.2023 sent from F.S.L. Agra,
was not on record. The Paper No. 50-A,
after endorsement of C.O. on 17.12.2023
was sent to S.O. kampil for necessary
action, which was filed in the court after
holding the appellant guilty but learned
trial court while considering the question of
sentence
on
20.12.2023
has
duly
considered the said F.S.L. report and by
placing implicit reliance on the findings
recorded by the forensic expert has
pronounced the death sentence upon the
accused which is evident from the plain
reading of para 135 of the judgment passed
by the learned trial court. As a matter of
fact the contents of this report has not been
placed before the appellant for the purpose
of providing him an opportunity to explain
the same u/s 313 Cr.P.C. whereas it is
settled
principle
of
law
that
any
incriminating piece of evidence to be relied
upon by the learned trial court for
conviction must be provided to the accused
to enable him to explain about its contents
however the said exercise has not been
undertaken by the learned court, which
amounts to a glaring error on the part of the
learned trial court and renders the order of
conviction bad in law.
5 All. Shahid Vs. State of U.P. & Ors.
75

20. D.N.A. report paper no. 50-A has
been signed by the Deputy Director,
D.N.A. Section F.S.L. Agra on 16.12.2023.
Paper no. 15-A F.S.L. report Talgram was
prepared on 20.09.2023 under Signature of
Deputy Director, F.S.L. Talgram. However,
none of the experts were examined to prove
the contents/conclusions of the D.N.A.
reports. Neither it was exhibited during the
deposition of the police officers filing the
report before the learned court nor its
genuineness was admitted by the learned
counsel for the defence .

21. Even the relevant questions
regarding the D.N.A. report were not put to
the accused person/appellant when his
statements under Section 313 Cr.P.C. were
recorded which caused him prejudice.

22. The cognizance of the offence was
taken on 17.10.2023 and after conclusion
of trial, the appellant was held guilty on
13.12.2023 i.e. within one month and
twenty six days without completing the
examination of necessary witnesses and
getting the links proved and also without
giving proper opportunity of hearing to the
accused and concluding the trial with
undue haste. The failure of the trial court to
get the paper no. 14A/1 proved and to
ensure the examination of scientific experts
for relying on D.N.A. report is failure of
justice which vitiates the trial. In cases
where capital punishment may be an
alternative award of sentence to the
accused, the learned trial court is expected
to be more cautious and vigilant to afford
opportunity of hearing to the accused at
every stage otherwise it would be violation
of the fundamental right of the accused
which
would
otherwise
infringe
his
fundamental right of fair trial guaranteed
under Article 21 of the Constitution of
India.

23. A similar controversy was raised
before the Hon'ble Apex Court in the case
of Anokhilal Vs. State of M.P. AIR 2020
SC 232 wherein the matter was remanded
back to the trial court for de-novo trial,
considering the fact that the entire trial was
completed in a period of less than one
month and D.N.A. report was received
almost at the fag end of the matter, after
such
receipt
though
technically
an
opportunity was given to the accused, the
issue on the point was concluded the very
same day. The relevant extract is as under:

"26.
Expeditious
disposal
is
undoubtedly required in criminal matters
and that would naturally be part of
guarantee of fair trial. However, the
attempts to expedite the process should not
be at the expense of the basic elements of
fairness and the opportunity to the accused,
on which postulates, the entire criminal
administration of justice is founded. In the
pursuit for expeditious disposal, the cause
of justice must never be allowed to suffer or
be sacrificed. What is paramount is the
cause of justice and keeping the basic
ingredients which secure that as a core
idea and ideal, the process may be
expedited, but fast tracking of process must
never ever result in burying the cause of
justice.

........

28. All that we can say by way of
caution is that in matters where death
sentence could be one of the alternative
punishments, the courts must be completely
vigilant and see that full opportunity at
every stage is afforded to the accused.

29. We, therefore, have no
hesitation in setting aside the judgments of
conviction and orders of sentence passed
by the trial court and the High Court
against the appellant and directing de novo
consideration. It shall be open to the
76 INDIAN LAW REPORTS ALLAHABAD SERIES
learned counsel representing the appellant
in the trial court to make any submissions
touching upon the issues (i) whether the
charges framed by the trial court are
required to be amended or not; (ii) whether
any of the prosecution witnesses need to be
recalled for further cross-examination; and
(iii) whether any expert evidence is
required to be led in response to the FSL
report and DNA report. The matter shall,
thereafter, be considered on the basis of
available material on record in accordance
with law."

24. Since the present case is based on
circumstantial evidence, therefore, the
prosecution is to prove each link in the
chain of circumstances indicating the guilt
of the accused but the fard paper no. 14A/1,
F.S.L. & D.N.A. reports paper nos. 15A &
50A have been left unproved though relied
by the learned trial court in convicting and
sentencing the accused without giving him
opportunity to explain about it.

25. Further in the case of Irfan @
Bhayu Mevati Vs. The State of Madhya
Pradesh in Criminal Appeal No. 166/1668
of 2021 decided on 16.01.2025 where
D.N.A. was neither admitted under Section
294 Cr.P.C. nor the evidence of D.N.A.
expert signing report was adduced but these
reports were relied on by the learned court
and death sentence was awarded under
Section 376DB IPC with other sections and
POCSO Act, the Hon'ble Supreme Court
held in para nos. 29, 30, 31 and 32, quoted
as under:

"29. The instant case involves
capital punishment and thus, providing a
fair opportunity to the accused to defend
himself is absolutely imperative and nonnegotiable. The trial in the case at hand
was
concluded
without
providing
appropriate opportunity of defending to the
accused and within and within a period of
less than two months from the date of
registration of the case, which is reflective
of undue haste. The failure of the trial
Court to ensure the deposition of the
scientific experts while relying upon the
DNA report, has definitely led to the failure
of justice thereby, vitiating the trial.

30. In the wake of the above
discussion, we allow the application filed
by the appellants. The case is remanded to
the trial Court who shall summon the
scientific experts associated with the
preparation and issuance of the DNA
report with the entire supporting material.
These scientific experts shall be summoned
and examined as Court witnesses with a
proper opportunity of examination to the
prosecution and the defence in that order.
In case the accused are not represented by
a counsel of their choice, a defence counsel
having substantial experience in terms of
the guidelines laid down by this Court in
Anokhilal(supra) (extracted in Para 26 of
this judgment) shall be appointed to defend
the accused and in the de novo trial

31. Pursuant to the testimony of
the scientific experts being recorded, the
accused shall be again questioned under
Section 313 CrPC in context to the fresh
evidence. They shall be provided a fair
opportunity of leading defence evidence.
Thereafter, the trial Court shall proceed to
re- hear the arguments and decide the case
afresh as per law. The entire process as
directed above, shall be completed within a
period of four months from the date of
receipt of this order.

32. That the discussion made
above is confined to the issue of the right of
the accused to seek examination of the
scientific experts connected with the DNA
report and the same shall not be taken to be
a reflection on the merits of the matter,
5 All. Sarvanarain Tewari & Anr. Vs. State of U.P.
77
which shall be considered and gone into,
uninfluenced by any observations made by
us in this order."

26. Thus, we are of considered opinion
that in the facts and circumstances of the
present case as discussed above, and in
view of observation made by Hon'ble
Supreme Court in the aforesaid cases, the
judgment and order dated 20.12.2023
passed by learned trial court is hereby set
aside and matter is remanded back to the
learned trial court to summon the witnesses
as court witnesses to prove fard regarding
taking of underwear from the dead body of
the
deceased
and
scientific
experts
associated
with
the
preparation
and
issuance of the F.S.L./D.N.A. report with
the
entire
supporting
material
and
opportunity of cross-examination be also
given to the accused, in the light of the
observations made in the case of Irfan @
Bhayu Mewati (Supra) as noted above and
then to decide the case afresh.

27. Accordingly, the appeal is allowed
and reference is disposed of.

28. Copy of this judgment alongwith
original
record
of
Court
below
be
transmitted to the Court concerned for
necessary compliance.
----------
(2025) 5 ILRA 77
APPELLATE JURISDICTION
CRIMINAL SIDE
DATED: ALLAHABAD 30.05.2025

BEFORE

THE HON'BLE VIVEK KUMAR BIRLA, J.
THE HON'BLE JITENDRA KUMAR SINHA, J.

Criminal Appeal No. 328 of 1986

Sarvanarain Tewari & Anr. ...Appellants
Versus
State of U.P. ...Respondent

Counsel for the Appellants:
Kritika Pandey, R.P. Singh, Rajesh Kumar
Singh

Counsel for the Respondent:
A.G.A.

A. Criminal Law - Criminal Procedure
Code,1973-Section 374(2)-Indian Penal
Code,1860-Sections 302/34 & 201/34Challenge to -Conviction-The incident
occurred in1983 in District Azamgarh-The
deceased was allegedly attacked by the
appellants with lathis and other weapons
over a land dispute-FIR was lodged
promptly
by
the
complainant/PW-1
naming all accused-The post mortem
confirmed injuries consistent with blunt
force
trauma-The
court
found
that
eyewitnesses accounts were consistent
and
trustworthy,
FIR
was
promptly
lodged, no major contradictions in medical
and ocular evidence-The presence of all
accused at the scene with weapons was
proven by all three eyewitnesses-Other
eyewitnesses corroborated the version of
PW-1,stated that all accused armed with
lathis and sticks attacked the deceasedMedical report fully corroborated the
eyewitnesses accounts regarding nature
of assault and types of weapons usedpostmortem

report
conducted
by
PW5(doctor)
shows
that
deceased
suffered multiple lacerated wounds and
fractures on vital parts of the body-land
dispute between the parties was cited as
motive and defence failed to rebut or offer
any
plausible
alternative
motive-The
common intention and participation of all
accused
was
well-supported
by
all
evidences-Thus,
Conviction
and
life
sentence
u/s
302/149
IPC
were
upheld.(Para 1 to 34)

The appeal is dismissed. (E-6)

List of Cases cited:

1. Jose @ Pappachan Vs S.I. Koyilandy & anr.
(2016) 10 SCC 519