VidhiSangh

Supreme Court of India · 04/11/2022

ASHOK KUMAR SINGH CHANDEL versus STATE OF U.P.

[2022] 12 S.C.R. 1035 · 2022 INSC 1164

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Summary

In 1997, five members and associates of a family were shot dead in two bursts of firing in a Hamirpur market, during a factional and political rivalry. The trial court acquitted all the accused. The Allahabad High Court reversed that and sentenced them to life. The Supreme Court upheld the convictions. The trial court had misread the evidence, speculated about timings, and rejected two injured eyewitnesses on hyper-technical grounds. It also relied on an uncorroborated fax and wrongly treated an 8x60 rifle and a .315 rifle as different weapons. Those were substantial and compelling reasons to interfere. Motive was secondary given the eyewitnesses, and a common object could form on the spot. The appeal of one accused who died abated. The informant's plea for the death penalty and his transfer petition were dismissed.

Issues

  1. Whether the High Court had very substantial and compelling reasons to reverse the trial court's acquittal of the accused for five murders.
  2. Whether the testimony of the two injured eyewitnesses was rightly rejected by the trial court on the basis of discrepancies in timing, injuries, medical records, electricity supply and a fax message.
  3. Whether an unlawful assembly with a common object under Section 149 IPC was proved, and whether the ballistic report was admissible under Section 293 CrPC.

Provisions considered

Held

Result

Criminal appeals of six accused dismissed and the Allahabad High Court's judgment affirmed; the appeal of the accused who died during pendency abated; the informant's special leave petition for enhancement to death sentence and his writ petition for transfer of the main accused to a jail outside Uttar Pradesh dismissed; no order as to costs.

Judgment PDF: Supreme Court of India, [2022] 12 S.C.R. 1035.