Allahabad HC acquits convict in 38-year-old murder case

The appeal was filed by seven appellants. The appeal of appellants has already been abated, on account of their deaths, order dated December 23, 2015.

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The Allahabad High Court has acquitted a murder convict while delivering the verdict in a 38-year-old murder case, and sent the other to the Juvenile Justice Board to determine the fine.

The Division Bench of Justice Manoj Misra and Justice Sameer Jain set aside conviction awarded to appellant Saleem by the trial court under Sections 302/149, 323 and 147 IPC and acquitted him of all the charges, whereas, observed that the court is of the view that the appropriate punishment ought to be awarded to appellant Brijendra Singh, who was a juvenile on the date of the incident, would be the imposition of a “fine”.

During the pendency of the appeal, Brijendra Singh had raised a claim of juvenility on the date of the incident, i.e, July 12, 1980.

On his plea, the Court on February 26, 2018 directed the Juvenile Justice Board to hold a proper enquiry in accordance with law as provided under the Juvenile Justice (Care and Protection of Children) Act, 2015 as to whether on the date of occurrence surviving appellant Brijendra Singh was juvenile or not.

The Juvenile Justice Board in its enquiry found that the age of Brijendra Singh on the date of incident, i.e, on July 22, 1980 was 17 years 9 months and 13 days and submitted its report dated October 12, 2018.

On October 26, 2021, the Court granted 10 days’ time to the counsel for the complainant to submit his objection in respect of the report of Juvenile Justice Board.

In spite of the opportunity to file an objection to the report of the Juvenile Justice Board dated October 12, 2018, no objection was taken on behalf of the complainant.

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The court noted that the appellant Brijendra Singh who is on bail need not surrender. His sureties are discharged. The matter is remanded to the Juvenile Justice Board, Fatehgarh, District Farrukhabad constituted under the Juvenile Justice (Care and Protection of Children) Act, 2015 for determining the appropriate quantum of fine that should be levied on appellant Brijendra Singh.

The appeal was filed by seven appellants. The appeal of appellants has already been abated, on account of their deaths, order dated December 23, 2015. The appeal of appellant Brijendra Singh and Saleem survives.

Appellant Brijendra Singh and appellant Saleem have been convicted order dated September 29, 1983 passed by 2nd Additional Sessions Judge, Farrukhabad in Sessions Trial (State Vs. Harnath Singh and others) under Sections 302/149 IPC and under Sections 147 and 323 IPC and awarded life imprisonment for offenses under Sections 302/149 IPC; and six months rigorous imprisonment for offense under Sections 147 and 323 IPC.

The case of the prosecution in nutshell is that on July 22, 1980 at about 9.30 AM Kanchan Singh lodged FIR of the case against appellants Brijendra Singh and Saleem and five other co-accused persons at Police Station Kannauj, under Sections 147,148,149, 307, 323 and 302 IPC, District Farrukhabad.

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As per the FIR, on July 22, 1980 at about 7AM when the nephew of Kanchan Singh (the informant), namely, Dhirendra Singh, was returning after attending nature’s call, Brijendra Singh and Saleem along with five other co-accused exhorted him and co-accused Harnath Singh fired at Dhirendra Singh with his licensed gun whereas co accused Aditya Singh opened fire from his country-made pistol, which hit Rajendra, the son of informant.

The Court further found that the court below while convicting appellant Brijendra Singh under Section 147 IPC has not awarded any fine and as we, in the appeal, have convicted him under Section 323/149 IPC after setting aside his conviction under Section 323 IPC, therefore, the quantum of fine is to be determined by the Juvenile Justice Board after giving opportunity of hearing to appellant Brijendra Singh in the light of the observations contained in the judgment of the Apex Court in Jitendra Singh’s case.

“Accordingly, the appeal of surviving appellant Saleem is allowed. Whereas, the appeal of appellant Brijendra Singh is partly allowed to the extent indicated hereinabove and as below.