The Supreme Court has issued notice to a man, who sought bail and also challenged the Allahabad High Court order, charging him for murder in a 2003 case.
A Bench comprising Justice Sanjay Kishan Kaul and Justice M.M. Sundresh issued notice on an SLP and bail plea filed by Phool Chandra Yadav, challenging the Allahabad High Court order of March 4, 2021, which convicted the petitioner under Sections 302, 504 and 506 of IPC; Sections 3(2)(v) of the SC/ST Act, and Sections 4/25 of the Arms Act in a 2003 case.
The Lucknow Judicature Bench had upheld the judgement of the trial court and also issued notice, after considering that the petitioner has been in custody for 14 years in remission.
It has been alleged that Phool Chandra, along with Divya, caught hold of the deceased, pressed his mouth and took him towards the boundary. Half the throat of the deceased had been cut and he lay dead on the spot. A knife was recovered from a semi-constructed house inside the Loco compound with the broken boundary wall, which is said to have been used for committing the crime.
Senior Counsel Brijendra Chahar, appearing for the petitioner, contended the testimonies of prosecution witnesses cannot be relied as PW 1 & PW 2 are family members. Moreover, PW 1 said the incident happened in an open space while PW 2 in his statement stated that the incident happened inside the house.
The High Court had observed that PW-1’s statement by itself is sufficient to establish the place of occurrence, commission of crime and culpable homicide amounting to murder by the appellants and it is corroborated by medical evidence which was further corroborated by the testimony of PW-2 and PW-4, giving it additional strength.
The charge of committing the offence of culpable homicide amounting to murder under Section 302 I.P.C & offence punishable U/S 504 and 506 I.P.C & U/S 3(2)(v) of SC/ST Act, 1989 are also made out. The recovery of the knife having been proved the charge of committing the offence under Section 4/25 of the Arms Act, 1925 is also proved beyond reasonable doubt.