New Delhi [India], July 17 : A special leave petition has been moved before the Supreme Court against the order of acquittal of MLA Abhay Singh and six others in an attempt to murder case passed by the Lucknow Bench of Allahabad High Court.
The bench of Justices Sanjay Kumar and Satish Chandra Sharma on July 18.
This petition has been moved by Vikas Singh through advocate Rudra Vikram Singh and Sandeep Yadav. Vikas Singh was the complainant in the FIR registered at Police Station Maharaj Ganj, Faizabad, UP.
The petitioner had stated that one Judge of a Double bench has convicted MLA Abhay Singh and the other four respondents under Sections 307 and 147 of the IPC. However, another Judge has acquitted them; consequently, the matter was sent to a third Judge, who also acquitted them.
Two other respondents were acquitted by the trial court. This decision was upheld by the division bench of the Allahabad High Court.
An appeal against acquittal was decided by the Allahabad High Court. The order of the trial court was upheld by the High Court.
The petitioner has submitted that on March 21, 2025, the Allahabad High Court acquitted all respondents without appreciating the documentary evidence on record, the injured witness's testimony supported by documentary evidence like the medical report and the technical report of the vehicle, and only giving too much weight to the contradictions in the statements of the injured witness/Complainant.
It is further submitted that Justice Attau Rahman Masoodi, while deciding the appeal, considered all facts and have passed an order convicting Shambhunath Singh, Rama Kant Yadav, Ravi Kant Yadav, Abhay Singh and Sandeep Singh alias Pappu Singh under section 147, 149, 504, 506, 307 of IPC and Section 27 of Arms Act.
However, due to a different opinion, the matter was referred to another bench, and the said bench acquitted all the accused persons.
A Case under section 307, 147,149, 504 and 506 of IPC against Abhay Singh, Rama Kant Yadav, Ravi Kant Yadav, Shambhu Nath Singh, Sandeep Singh and two unknown persons was registered on 15.05.2010 at Police Station Maharajganj, District Faizabad on the Complaint filed by Vikas Singh.
It was alleged that 3 respondents had fired shots at the car in which Vikas Singh and other people were returning from Faizabad in a car. Due to a sudden brake, Vikas Singh had collided with the dashboard of the car and suffered injuries. He was admitted to the hospital.
His vehicle was also sent for a technical inspection, and six holes were found on the left side of it.
After the conclusion of the investigation, the investigating officer submitted a charge sheet against the Respondents under sections 147, 149, 504, 506 & 307 of the IPC & Section 27 of the Arms Act on August 4, 2010.
Special Judge (MP/MLA) of Ambedakar Nagar on 10.05.2023 acquitted all the seven Respondents from the charges levelled against them under section 147, 149,307, 504 & 506 IPC and Section 27 of the Arms Act.