STATE OF UTTAR PRADESH Vs. SIKANDAR ALI

JUDGEMENT

(1.) The place of occurrence of this double murder case is within the vicinity of the Sessions Court of Allahabad. Victims of the murder were inter se brothers-in-law and the alleged murderers were also like that. One of the victims was facing trial in another murder case at the same Sessions Court and with his murder the said trial stood abated in that case. But the trial in the present case passed through all the stages and the Sessions Court convicted the two accused of murder and death penalty was imposed on them. The High Court of Allahabad on appeal acquitted them both. So the State of U. P. has come up with this appeal by special leave.

(2.) Murder for murder was the motivation for the occurrence as per the prosecution case. Synopsis of this case is that a man named Pappu (who was the brother of first accused Sikandar Ali) was slain about a year prior to the incident in this case, and police had challaned Shamsher Singh alias Niley (one of the deceased) as an accused in that murder case along with some others. That case was committed to the Court of Sessions and the trial was proceeding before the Sessions Court. There was a posting of the case on 16-7-1986 on which day the deceased Shamsher Singh went to the Sessions Court in the company of his brother-in-law Ramji Tripathi (the other deceased in this case), his brother Avtar Singh (PW-1) and father Harnam Singh (PW-2). As the Court adjourned the case to another date the parties and those who escorted them dispersed from the precincts of the Court. While the two deceased rode on a scooter PW-1 and PW-2 were on foot. They first passed the Treasury Gate and when the scooter turned to the right side of the road the two assailants, who were in ambush behind the compound wall, stretched up and fired from their pistols at the scooterist and his pillion rider. Both fell down on the road and the appellants fled from the scene and escaped in spite of a chase made by Avtar Singh.

(3.) Shamsher Singh died at the spot. The other injured (Ramji) was taken to the hospital in a police jeep but he too did not survive long due to fatal bullet injuries sustained. PW-1 Avtar Singh went to the nearby police station and lodged FIR at 1.15 p.m.