SC grants bail to UP man convicted in 43-year-old fratricide case

New Delhi, June 10 (IANS) The Supreme Court has granted bail to a man in Uttar Pradesh convicted in a 1983 murder case involving the killing of his younger brother, while issuing notice on his plea challenging the Allahabad High Court judgment that had upheld his conviction and life sentence earlier this year.

A Bench of Justices Prashant Kumar Mishra and Atul S. Chandurkar was hearing a special leave petition (SLP) filed by Vijay Singh against the Allahabad High Court’s February 9 judgment affirming his conviction under Section 302 of the Indian Penal Code (IPC).

During the hearing, senior advocate Siddhartha Dave, appearing for the petitioner, submitted that the incident occurred on November 4, 1983, nearly 43 years ago, and that the petitioner had remained on bail throughout the proceedings, except for about 3 months spent as an undertrial prisoner.

Taking note of the submissions, the apex court ordered that the trial court records be summoned and directed that digitised copies of the records be supplied to counsel for both sides.

“In the meanwhile, petitioner shall be released on bail in connection with FIR No. 251 dated 04.11.1983 registered at Police Station Beconganj, District Kanpur, for the offence punishable under Section 302 of the Indian Penal Code, 1860, on such terms and conditions as may be imposed by the Trial Court,” the Justice Mishra-led Bench ordered.

The Uttar Pradesh government, represented by advocate Yasharth Kant, accepted notice, following which the Supreme Court dispensed with formal issuance of notice. The matter will be listed again after the trial court records are received.

The latest order comes after the apex court, on April 27, had granted the petitioner eight weeks’ time to surrender following the Allahabad High Court verdict, solely to facilitate listing of the case before the appropriate Bench.

Earlier, the Allahabad High Court had dismissed Singh’s criminal appeal and affirmed the 1985 trial court judgment convicting him for the murder of his brother Ajay Singh and sentencing him to life imprisonment.

In its February 9 judgment, a Division Bench of Justices Siddharth and Jai Krishna Upadhyay had also cancelled his bail bonds and directed him to surrender and serve the remaining sentence. Subsequently, on a modification application moved by Singh, the Allahabad High Court granted him 30 days’ time to surrender.

According to the prosecution’s case, the incident occurred on the evening of November 4, 1983, in Kanpur’s Beconganj area following an altercation involving the deceased and a woman residing with Vijay Singh. The prosecution alleged that the accused opened fire on his brother with a licensed pistol, causing fatal gunshot injuries.

While three civilian witnesses, including the deceased’s brother and sister-in-law, turned hostile during the trial, the prosecution relied on the testimony of two police constables who claimed to have witnessed the shooting and chased the accused immediately after the incident.

Upholding the conviction, the Allahabad High Court observed that family members had likely retracted their earlier statements over time to save the surviving family member.

“In the cases where a close family member causes the murder of another close family member, with the passage of time, other family members, who are witnesses to the crime, often resign themselves to fate and turn hostile before the court to save the surviving member,” the High Court had said.

Rejecting challenges based on alleged inconsistencies in ballistic evidence, absence of fingerprint examination and non-conduct of a test identification parade, the Allahabad High Court held that the prosecution had proved its case beyond a reasonable doubt.

“The trial court has rightly convicted and sentenced the appellant for committing an offence under Section 302 IPC of murder of his real brother. Findings recorded by the trial court do not suffer from any perversity and are hereby confirmed,” the High Court had ruled while dismissing the appeal.

–IANS

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