1986 Chandauli killings: HC acquits 9 HC overturns lower court order, convicts 4

In 2002, the state government filed an appeal against the acquittal of 12 persons and in 2018, it filed an appeal against the acquittal of Brijesh Singh. The complainant in the case, Heerawati, too filed an appeal against Brijesh Singh in the Allahabad High Court in 2018.

On November 9 this year, a division bench of Chief Justice Pritinker Diwaker and Justice Ajay Bhanot said in its order, “…considering the overall facts and circumstances of the case, we are of the view that the acquittal of four accused persons namely, Pancham Singh, Vakil Singh, Rakesh Singh and Devendra Pratap Singh, is not in accordance with law and while acquitting them, the trial court has erred in law. Accordingly, the present appeal is partly allowed.”

The court added, “The acquittal of four accused – Pancham Singh, Vakil Singh, Rakesh Singh and Devendra Pratap Singh, is set aside. They are convicted under Section 302 read with Section 34 of IPC and Section 307 read with Section 34 of IPC and sentenced to undergo life imprisonment, with a fine of Rs 50,000 each under Section 302/34 of IPC, and to undergo rigorous imprisonment of 10 years…”

The court said, “So far as the remaining alive accused persons namely, Ram Das, Dina Singh, Kanhaiya Singh, Narendra Singh, Vijay Singh, Musafir Singh are concerned, the evidence against them is not clinching and not sufficient to hold them guilty…”

The court also stated in its order that a bare perusal of the evidence available on record, it is clear that the trial court has wrongly acquitted the aforesaid four named accused persons, — Pancham Singh, Vakil Singh, Rakesh Singh and Devendra Pratap Singh — giving them benefit of the evidence adduced by the prosecution against the aforesaid alive acquitted accused persons: Ram Das, Dina Singh, Kanhaiya Singh, Narendra Singh, Vijay Singh, Musafir Singh. The appeal filed by the state against the acquittal of accused persons, namely, Ram Das @ Dina Singh, Kanhaiya Singh, Narendra Singh, Vijay Singh and Musafir Singh, is dismissed, said the court.

Upendra Upadhyay, lawyer of the complainant Heerawati, said accused, “We are partially satisfied with the judgment.”

The case dates back to intervening night of January 9 and 10, 1986, when assailants entered the house of the complainant Heerawati, a resident of Sikrarua village, and killed seven members, including four children and three adults, of the family.

She alleged that attack was the fallout of an old enmity between deceased Ram Chandra Yadav and accused Kanhaiya Singh with regard to pradhani election and a land dispute.