M.R.SHAH, J. - (1.) Feeling aggrieved and dissatisfied with the impugned judgment(s) and order(s) dated 08.10.2018 and 06.12.2018 passed by the High Court of Judicature at Allahabad in Criminal Appeal No. 1283/2018, 1405/2018, 1496/2018 and 1398/2018, by which the High Court has released the private respondents herein - accused on bail, pending the aforesaid criminal appeals, the original complainant - widow of the deceased (victim) has preferred the present appeals.
(2.) At the outset, it is required to be noted that the judgment and order dated 08.10.2018 in Criminal Appeal No. 1283 of 2018 is the order first in line by which the main accused - Swaminath Yadav came to be released on bail and so far as the other accused are concerned, they are released on bail on the ground of parity and order passed in Criminal Appeal No. 1283 of 2018 (in the case of Swaminath Yadav). Therefore, Criminal Appeal No. 876 of 2021 arising out of the impugned judgment and order passed by the High Court in Criminal Appeal No. 1283/2018 is treated as a lead appeal. 2.1 That all the private respondents herein - accused have been convicted by the learned trial Court for the offences under Sections 302/149, 201 r/w Section 120B IPC arising out of Case Crime No. 103/96, Police Station Bansdeeh, District Ballia and they are sentenced to undergo life imprisonment by the learned Additional Sessions Judge, Court No.2, Ballia vide judgment(s) and order(s) dated 08.02.2018 and 09.02.2018 passed in Sessions Trial No. 230 of 1999 (State v. Vikrama Yadav and others). Facts in nutshell
(3.) That the dead body of one Kripa Shankar Shukla alias Bajrang Shukla was found lying in the well of one Chandramani Pandey on 28.10.1995 at 10:00 a.m; that an application was moved at the police station Bansdeeh, District Ballia; that the police party prepared the inquest report on 15.11.1995, however, there was no proper investigation carried out by the police officer of police station Bansdeeh, District Ballia; that some villagers sent the application to his Excellency the Governor for impartial investigation of the case; that on 13.12.1995, the appellant herein - Shakuntala Shukla (wife of the deceased) moved an application before his Excellency the President of India with the facts that she is a widow of Kripa Shankar Shukla (deceased) and her husband was murdered in the night of 26.10.1995 when he was coming back from Bansdeeh to his village Adar and thereafter the dead body was thrown in the well to create confusion; that on the said application of the appellant herein, Special Secretary, Ministry of Home Affairs, Government of Uttar Pradesh, Lucknow directed for investigation of the matter by CB-CID; that during the investigation, the names of the private respondents herein - accused came into light; that CB-CID submitted the chargesheet against the accused Swaminath Yadav and others co- accused under Sections 147, 149, 302, 201, 218, 120B IPC; that the learned trial Court framed the charge under Sections 302/149, 201, 120B IPC. 3.1 At this stage, it is required to be noted that during the investigation by Crime Branch, it was found that one Shri Jainath Yadav, the then Sub-Inspector of Police Station Bansdeeh, District Ballia, under the orders of Station House Officer, investigated the incident of death of the deceased Kripa Shankar Shukla and in his investigation report dated 23.12.1995 in order to save the accused deliberately on the basis of the false facts noted the fact that the deceased under the influence of liquor while going to his paramour 's house fell into the well and died by drowning, whereas in the post mortem report no symptoms of death by drowning were found. It was also found during the investigation that even the Doctor Vinod Kumar Rai, District Hospital, Ballia had in the post mortem report of the deceased deliberately mentioned the wrong reason for death (died by drowning), in order to save the accused. 3.2 The learned trial Court therefore passed an order to prosecute the then Station House Officer, Sub-Inspector of Police Jainath Yadav and the Doctor Vinod Kumar Rai. 3.3 That during the trial, the prosecution examined 8 main witnesses; statement of one Doctor Chandrabhal Tripathy was recorded as Court witness; that number of documentary evidence were also brought on record; that in the depositions, the witnesses - villagers who were examined on behalf of the prosecution specifically stated that before they gave the evidence/statements, they were threatened by the accused; not only that but an FIR was also lodged against the accused persons for giving threats for the offences under Sections 504 and 506 IPC; that all the witnesses - villagers who were examined specifically stated with respect to threats administered by the accused and they were told not to give any evidence against the accused; that during the investigation the prosecution also established and proved the motive; that on appreciation of evidence and having specifically found from the post mortem report that the lungs of the deceased were found congested, however, no water was found in the lungs; that the learned trial Court specifically noted that despite the above, SI Jainath Yadav neither considered the above points himself nor sought any opinion in this regard from any doctor; that the learned trial Court also noticed that before preparing the enquiry report, neither he enquired from the brother, wife and son of the deceased nor recorded their statements; that thereafter on appreciation of evidence, more particularly the evidence of last seen with the deceased at about 8 O 'clock in the night on 26.10.1995 along with the accused persons and thereafter Kripa Shankar Shukla was not seen by anybody and ultimately the dead body was found in the well at about 10:40 a.m. on 28.10.1995. That the learned trial Court vide its judgment dated 08.02.2018 convicted the private respondents herein - accused persons, namely, Vikrama Yadav, Swaminath Yadav, Jhingur Bhar, Surendra Kumar Pandey and Umesh Kumar Pandey for the offences under Sections 302/149, 201 r/w 120B IPC. That the learned trial Court also convicted the then Investigating Officer Jainath Yadav and the Doctor Vinod Kumar Rai who performed the post mortem on the body of the deceased and stated the wrong reason of death for the offences under Sections 201 r/w 120B and 218 IPC. ;