ASHOK KUMAR SINGH CHANDEL versus STATE OF U.P.

ASHOK KUMAR SINGH CHANDEL versus STATE OF U.P.

The High Court was justified in reversing the Trial Court's acquittal because the Trial Court made palpable, substantive and compounding errors in assessing the evidence (including misreading of eyewitness testimony, disregard of corroborative documentary/medical evidence, erroneous rejection of ballistic report and misapprehension about rifle calibres), and the prosecution had proved presence of injured eyewitnesses and corroborative evidence, proof of unlawful assembly/common object and recoveries; therefore convictions under Sections 148, 302 read with 149, 307 read with 149 and related sentences were affirmed.

Parties
Appellant / Accused (a1): Raghuvir Singh; Appellant / Accused (a2): Ashutosh Singh @ Dabbu; Appellant / Accused (a3): Uttam Singh; Appellant / Accused (a4): Pradeep Singh; Appellant / Accused (a5): Ashok Kumar Singh Chandel; Appellant / Accused (a6): Naseem; Appellant / Accused (a8): Sahab Singh; Appellant / Accused (a10): Bhan Singh; Respondent: State of U.P.; Informant / PW 1: Rajiv Shukla
Jurisdiction
India
Judgment Date
04 November 2022
Procedural Posture
Criminal Appeal / Appeal Against High Court Judgment Reversing Trial Court Acquittal
Outcome
Criminal appeals dismissed; High Court judgment dated 19.04.2019 in Government Appeal No.5123/2002 affirmed; convictions and sentences of life imprisonment under Sections 302 r/w 149, 307 r/w 149 and sentence under s.148 IPC affirmed.
Legal Topics
Appeal Against Acquittal, Unlawful Assembly and Common Object (s.149 Ipc), Injured Eyewitness Testimony, Admissibility of Ballistic Report (s.293 Cr.p.c.), Motive, Recovery of Weapons, Timing and Content of FIR
Criminal Law Criminal Procedure Evidence Forensic Science Arms Law Appeal Against Acquittal Unlawful Assembly and Common Object (s.149 Ipc) Injured Eyewitness Testimony +4 more

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Parties

Raghuvir Singh

Appellant / Accused (a1)

Ashutosh Singh @ Dabbu

Appellant / Accused (a2)

Uttam Singh

Appellant / Accused (a3)

Pradeep Singh

Appellant / Accused (a4)

Ashok Kumar Singh Chandel

Appellant / Accused (a5)

Naseem

Appellant / Accused (a6)

Sahab Singh

Appellant / Accused (a8)

Bhan Singh

Appellant / Accused (a10)

State of U.P.

Respondent

Rajiv Shukla

Informant / PW 1

Procedural Posture

Criminal Appeal / Appeal Against High Court Judgment Reversing Trial Court Acquittal

Legal Issues

  1. 1 Whether the High Court was justified in reversing the Trial Court's acquittal
  2. 2 Credibility and presence of injured eyewitnesses (PW-1 and PW-2)
  3. 3 Whether prosecution proved unlawful assembly and common object under Section 149 IPC

Ratio Decidendi

The High Court was justified in reversing the Trial Court's acquittal because the Trial Court made palpable, substantive and compounding errors in assessing the evidence (including misreading of eyewitness testimony, disregard of corroborative documentary/medical evidence, erroneous rejection of ballistic report and misapprehension about rifle calibres), and the prosecution had proved presence of injured eyewitnesses and corroborative evidence, proof of unlawful assembly/common object and recoveries; therefore convictions under Sections 148, 302 read with 149, 307 read with 149 and related sentences were affirmed.

Court Disposition

Criminal appeals dismissed; High Court judgment dated 19.04.2019 in Government Appeal No.5123/2002 affirmed; convictions and sentences of life imprisonment under Sections 302 r/w 149, 307 r/w 149 and sentence under s.148 IPC affirmed.

Orders

  • Criminal Appeal Nos. 946-947/2019 (Ashok Kumar Singh Chandel) dismissed
  • Criminal Appeal Nos. 1030-1031/2019 (Ashutosh Singh @ Dabbu) dismissed