The Supreme Court Special Court dismissed the appeal against conviction and sentence under SC/ST Act and IPC provisions for murder and murder aiding. The court held no illegality or perversity existed in the impugned order.
Criminal appeal dismissed with direction to conclude trial within one and half years.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 67
Case :- CRIMINAL APPEAL No. - 878 of 2021
Appellant :- Irfan Respondent :- State of U.P. and Another Counsel for Appellant :- Subhash Chandra Pandey,Satyendra Narayan Singh Counsel for Respondent :- G.A.
Hon'ble Rahul Chaturvedi,J.
Counter affidavit filed by learned A.G.A. today in the Court is taken on record.
Heard learned counsel for the appellant as well as learned A.G.A.
The present criminal appeal has been preferred against the judgment and order dated 22.01.2021 passed by learned Special Judge, SC/ST Act, Rampur in case crime no.294 of 2020 under Section 302 and 201 IPC and Section 3(2)5 SC/ST Act, Police Station-Tanda, District-Rampur.
A perusal of the annexure-1 shows that Head Constable Mohd. Nadeem, Police Station-Tanda, District-Rampur informs that notice was duly served upon the opposite party no.2 after putting his thumb impression over it. Notice is sufficient upon the opposite party no.2. Learned counsel for the appellant does not want to file any rejoinder affidavit and wants to address the Court on merits of the case.
Contention raised by learned counsel for the appellant is that the appellant is the sole named accused person. As per the allegation made in the FIR, the informant's daughter was missing since two in the night on 20.10.2020. After coming to the place of occurrence, the informant has seen the appellantIrfan coming out of sugar-cane field. After having in-depth probe into the matte, the body of his daughter was found lying in the dead condition having a mark of injury over her neck. The post mortem report reveals that there is ligature mark seen over her neck and as per opinion of the doctor, she died on account of asphyxia as a result of strangulation. All the witnesses, in no uncertain terms, have indicated that there was infatuation between the appellant and the deceased and this was objected by her family members. A frustrated lover has committed this offence by strangulating the girl. Taking into account that while coming outside from the said sugar-cane field, the appellant was seen by the informant.
Learned counsel for the appellant submitted that there is no ocular testimony of the incident. It is true that there is no ocular testimony but facts and circumstances of the case clearly indicates the involvement of the appellant in the commission of the offence.
Under the circumstances, I do not find any illegality or perversity in the order passed by learned Special Judge, SC/ST Act, Rampur dated 22.01.2021.
Hence, the present appeal is devoid of merit and accordingly, stands dismissed.
In the event, copy of this may be provided to learned trial Court within 15 days from today, it is expected from the learned trial court to gear up the matter and make necessary endeavour to conclude the trial within one and half year provided the appellant fully cooperates in early conclusion of the trial.
Order Date :- 22.7.2021 Sumit S
2 issues framed by the court
Whether the Special Judge's conviction order under Sections 302, 201 IPC and Section 3(2)5 SC/ST Act suffers from illegality or perversity.
Whether the absence of ocular testimony renders the conviction unsustainable based on facts and circumstances.
3 provisions across 2 enactments
Irfan
State of U.P.
Rahul Chaturvedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
