‘Direct assault on judiciary’: Life term upheld for Jharkhand judge Uttam Anand’s murder

“The incident gathered momentum on account of the videos of the impact circulated in social media which created a furore as it was viewed as a direct assault on the judicial system of the country,” the July 14 order said. The appeal challenged a 2022 trial court judgment convicting the accused Lakhan Kumar Verma and Rahul Kumar Verma under IPC sections pertaining to murder, destruction of evidence and common intention. They were sentenced to undergo rigorous imprisonment for life without any remission or commutation till their last breath.

On July 28, 2021, Anand had left for his morning walk, but did not return. His family later learnt that he was taken to the hospital after being hit by an autorickshaw. A video of the incident went viral, allegedly showing the autorickshaw driver deliberately hitting the judge, leading to his death.

Justices Rongon Mukhopadhyay and Pradeep Kumar Srivastava pronounced the order on July 14.

The Dhanbad police registered a case against an unknown autorickshaw driver, after which the investigation was handed to a special investigation team and later to the CBI. After the central agency’s investigation, a chargesheet was filed against the accused Lakhan Kumar Verma and Rahul Kumar Verma. They pleaded guilty and faced trial before the CBI court.

Court’s findings and observations

Advocate Sabyasanchi, appearing for the appellants, submitted that there was no intention to commit bodily injury, pointing out that only a single blow was inflicted. However, the court noted that the evidence attracted the “Thirdly” clause of Section 300 IPC, which states that a person commits murder if they carry out an act which, in all probability, would cause death or is likely to cause death, and commits it without any excuse for doing so.

The court said a collision by an autorickshaw, which hardly lasted for a second, led to a massive haemorrhage of the brain, and the victim lay beside the road, unidentified, unconscious and profusely bleeding from the mouth, nose and ears. The city was just waking up, and Randhir Verma Chowk, one of the busiest thoroughfares, wore a desolate look with some fitness enthusiasts, carts and autorickshaws interrupting the morning serenity.

The bench cited one of the witnesses as a responsible citizen, who managed to stop an e-rickshaw on the opposite side of the road from where Uttam Anand was lying and, with the help of some persons, loaded him on the vehicle and proceeded to Sadar Hospital, Dhanbad. 

The court observed that the case, on account of the importance it generated and to explore the deep-rooted conspiracy, was handed over to the CBI, and detailed investigation led to the submission of chargesheet against the appellants who ultimately were convicted. 

The judges concluded that the autorickshaw seen in the CCTV footage of the incident and the autorickshaw that was seized during the investigation appear to be the same. The forensic reports also established that the broken fibres recovered from the place of occurrence were part of a side indicator of the vehicle. 

Based on the records, the court found the accused to be complicit and culpable of the crime. It held that there was no reason to arrive at a different conclusion, and dismissed the appeal. 

(With inputs from Avinash Verma, Avinash is an Intern with The Indian Express)