HC rejects plea against MoS Home’s acquittal in student leader murder case

“The appeal filed by the Uttar Pradesh government against the acquittal has been rejected by a division bench of Justices Attau Rahman Masoodi and Om Prakash Shukla,” said Additional Government Advocate Arunendra Singh.

Rajeev Gupta, brother of the deceased Prabhat Gupta, said, “We will move the Supreme Court against the HC judgment.”

Prabhat was shot dead when he was going to a market in Tikonia area of Lakhimpur Kheri district on July 8, 2000, the prosecution said. His father Santosh Gupta lodged a complaint against four persons, including Mishra, at the Tikonia police station in the district. Gupta alleged that Ajay Mishra and Subhash, alias Mama had opened fire on Prabhat who died on the spot.

Ajay Mishra’s associates Shashi Bhushan, alias Pinki and Rakesh, alias Dalu had allegedly threatened to shoot anyone coming to the rescue of Prabhat, it was alleged.

The incident was witnessed by his son Sanjeev and one Vinod, the complainant had claimed.

The police had filed a chargesheet against Ajay Mishra, Subhash, Rakesh and Shashi Bhushan, saying the murder was a fallout of political rivalry. Santosh Gupta had alleged that Ajay Mishra nursed a grudge against his son over the panchayat elections since he was associated with the Samajwadi Party.

The state government then filed an appeal challenging the judgment of a Lakhimpur Kheri court acquitting all four accused, including Ajay Mishra, in March 2004.

Santosh died during the trial of the case and an application was filed to declare his surviving legal heirs as revision petitioners.

Also, Ajay Mishra’s son Ashish Mishra is the prime accused in the killing of four farmers and a journalist in Lakhimpur Kheri in October 2021 during the farmers’ agitation against the Centre’s now repealed farm laws. Ashish is out on bail.