SHAKUNTALA SHUKLA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(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).

(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.