Dismissed

Bitturaja @ Aman Pratap Singh v. State of U.P. and Another

Allahabad HC6 Oct 2021CRLA/496/2021

Case brief

AI extract

What is this about?

This judgment in a criminal appeal under section 14(A)(2) of the SC/ST Act rejected the appellant's challenge against conviction. The court upheld the impugned order finding the case well-founded on evidence of firearms assault and eyewitness identification despite claims of belated registration and interrupted electricity.

What did the court decide?

The appeal is rejected; the impugned order dated 02.01.2021 is confirmed and the trial is to be expedited.

Bitturaja @ Aman Pratap Singh Vs State of U.P. and Another — Caste Atrocities | Allahabad HC (2021)

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Court No. - 67

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Case :- CRIMINAL APPEAL No. - 496 of 2021

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Appellant :- Bitturaja @ Aman Pratap Singh Respondent :- State of U.P. and Another Counsel for Appellant :- Satya Narayan Gupta Counsel for Respondent :- G.A.,Bhagwan Das

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Hon'ble Rahul Chaturvedi,J.

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Heard Sri Satya Narayan Gupta, learned counsel for the appellant, Sri Bhagwan Das, learned counsel for the opposite party no. 2, Sri Lal Bahadur, learned A.G.A. and perused the record.

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Sri Bhagwan Das, learned counsel for the opposite party no. 2 has declined to file any counter affidavit and wants to argue the case without any counter version. learned A.G.A. has already filed counter affidavit which is on record of which, the learned counsel for the appellant does not propose to file any rejoinder affidavit.

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By means of the appeal u/s 14 (A)(2) SC/ST Act, the appellant is challenging the order dated 02.01.2021 passed by Learned Special Judge, SC/ST (Prevention of Atrocities) Act, 1989/Additional District and Session Judge, Lalitpur S.S.T. No. 103 of 2019, Case Crime No. 87 of 2019, u/s 302, 387 IPC and section 3(2)(V) of SC/ST (Prevention of Atrocities) Act, 1989 P.S. Jakhalaun, District Lalitpur.

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Contention raised by learned counsel for the appellant that the belated FIR was got registered by Vinod for the incident said to have taken place on 11.08.2019 at about 10:30 hours in the night of which the FIR was got registered on 12.08.2019 at 22:07 hours u/s 302, 387 of IPC and Section3(2)(V) of SC/ST Act and the appellant is in jail since 14.08.2019.

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I have perused the impugned FIR in which the specific role of assault has been attributed to the appellant that he has given a deadly fire arm injury over the head of the deceased. The postmortem report reveals that there is a singular gun shot injury over left pareital area 10 cm above left ear. It is further contended that the informant has witnessed of the entire incident in the road side lamp. The site plan indicates that the alleged road side lamp is 25 c.m. far and in the light of LED, he has easily identified the assailant.

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The learned counsel for the appellant further submitted that

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while related to statement of Bharat Ahirwar recorded u/s 161 Cr.P.C. which is annexed as annexure no. 8 indicates that on the relevant point of time the electricity supply was disrupted and therefore, there is no question of identification of the assailant.

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I am not ready to accept the contention made by the statement of Bharat Ahirwar recorded u/s 161 Cr.P.C. which was recorded at the belated stage. There is a clear cut case of assault of fire arm assault by the appellant corresponding to the head injuries and the site plan too indicates that there is a road side lamp in which the informant must have identified the assailants.

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Taking into account the totality of circumstances, I do not find any illegality, infirmity or perversity in the order dated 02.01.2021, accordingly, the present appeal stands REJECTED.

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However, it is directed that the learned trial judge to take up this case at top most priority and make necessary effort to conclude the same within a period of one and half year, provided, the appellant would render necessary assistance or cooperation and shall not seek any unwarranted adjournments during trial.

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Order Date :- 6.10.2021 Nisha

Bitturaja @ Aman Pratap Singh v. State of U.P. and Another

Case brief

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What did the court decide?

Bitturaja @ Aman Pratap Singh v. State of U.P. and Another

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