Dismissed

Rakesh Pandey v. State of U.P. and Another

Allahabad HC18 Sept 2023CRLA/5111/2022

Case brief

AI extract

What is this about?

In a criminal appeal against the rejection of a discharge application, the Supreme Court of India combined with the High Court justices held that at the stage of framing charges, the court determines if a prima facie case exists. The court dismissed the appeal as the trial court legitimately found sufficient evidence to proceed against the accused for murder.

What did the court decide?

Criminal Appeal No. 5111 of 2022 dismissed. No relief granted to the appellant seeking discharge from charges of murder.

Rakesh Pandey Vs State of U.P. and Another — Murder and Culpable Homicide | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:180086

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Court No. - 84

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Case :- CRIMINAL APPEAL No. - 5111 of 2022

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Appellant :- Rakesh Pandey Respondent :- State of U.P. and Another Counsel for Appellant :- Javed Husain Khan,Gulrez Khan Counsel for Respondent :- G.A.

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Hon'ble Mrs. Sadhna Rani (Thakur),J.

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Heard learned counsel for the appellant, learned A.G.A. and perused the record.

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No one has put in appearance for opposite party no.2 despite the sufficient service of notice.

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The present appeal has been filed against the order dated 29.04.2923 passed by the Special Judge (S.C./S.T.) Act, Sonbhadra in Special Sessions Trial No.558 of 2020 (State Vs. Satya Prakash Tiwari and others) arising out of Case Crime No.581 of 2020, under Sections 302, 394, 411 IPC. & Section 3(2) (v) of SC/ST Act, P.S. Robertsganj, District Sonbhadra, whereby the discharge application moved by the accused persons was rejected.

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This appeal has been preferred only by one of the accused Rakesh Pandey.

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It is argued by the learned counsel for the appellant that as per the statement of eye witness Pankaj when all the accused persons thrashed Ram Ashish and he was lying on the road, Ram Ashish said that he had recognized all the accused persons, he would file a case and would get all the accused persons jailed. At this coaccused Satya Prakash Tiwari picked up a stone lying nearby and assaulted Ram Ashish at his head saying that the case would be registered only if he remains alive and it is, thus, argued that on the basis of the postmortem report that death of the deceased is caused by coma due to head injury and this head injury has been inflicted by co-accused Satya Prakash Tiwari. The recovery of stone is also shown from Satya Prakash Tiwari, hence, the appellant be discharged from the offence under Section 302 IPC.

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Learned A.G.A., however, opposed the prayer.

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If we go through the impugned order, the trial court found that all the witnesses including witness Pankaj in his statement under Section 161 Cr.P.C. have stated that all the accused persons thrashed Ram Ashish to death. As per postmortem report the death of the deceased was found to be caused by coma due to head injury. The trial court opined that who committed murder cannot be decided at the stage of charge. The trial court also opined that at the stage of charge it is not to be seen that the available evidence is sufficient enough for conviction or not. At the stage of framing charge the court has only to see as to whether there is sufficient evidence on record to proceed against the accused persons and the mini trial is not permissible. The trial court found that there was sufficient evidence to proceed against all the accused persons and consequently the impugned order was passed.

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In the opinion of this Court, at the stage of charge, only a prima facie case against the accused persons is to be seen. It is true that in the statement under Section 161 Cr.P.C. of witness Pankaj it has come that when after assault by all the four accused persons including the appellant the injured Ram Ashish was lying down, he was assaulted at his head by stone by co-accused Satya Prakash Tiwari, but if we go through the additional statement of the same witness Pankaj, he has stated that all the accused persons snatched the mobile of Ram Ashish and when resisted all of them put him to death by thrashing him.

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In the opinion of the Court, at the stage of framing charge the Court cannot reach at the conclusion that the evidence placed on record is sufficient enough to bring home the guilt of the accused or not?

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Thus, there is no ground to interfere with the order of the trial court.

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The appeal has no merit and is dismissed , accordingly.

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Order Date :- 18.9.2023 Radhika

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Digitally signed by :- RADHIKA VISHWAKARMA High Court of Judicature at Allahabad

Rakesh Pandey v. State of U.P. and Another

Case brief

What is this about?

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Rakesh Pandey v. State of U.P. and Another

Case brief

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What did the court decide?

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