2004 murder case: SC quashes Uttarakhand HC verdict convicting 3 cops

New Delhi, Jan 28 (PTI) The Supreme Court on Tuesday quashed a Uttarakhand High Court verdict awarding life-term imprisonment to three policemen over an alleged murder of a woman in 2004.

A bench of Justices B R Gavai and Augustine George Masih passed the verdict on the appeals challenging the high court's December 2012 judgement.

The high court allowed the state's appeal and set aside a trial court's order acquitting three policemen -- Surendra Singh, Surat Singh and Ashad Singh Negi -- for the alleged offences of murder and common intention under the IPC.

The woman reportedly died in a police firing in November, 2004.

The high court also dismissed a separate appeal filed by another policeman Jagdish Singh, who fired the bullet, and was later convicted and sentenced to life term by the trial court.

The bench noted Jagdish, who was a head constable, filed an appeal in the apex court against the high court verdict but it was disposed of as abated on January 16, 2025 as he died.

Dealing with two separate appeals filed by the three policemen convicted by the high court, the top court said the prosecution failed to place on record any evidence to show they had a common intention with Jagdish.

"By now it is a settled principle of law that for convicting the accused with the aid of Section 34 (common intention) of the IPC, the prosecution must establish prior meetings of minds," the bench said.

"It must be established that all the accused had preplanned and shared a common intention to commit the crime with the accused who has actually committed the crime," it added.

The bench noted the "well-reasoned finding" of the trial court was upset by the high court on the ground that the three accused were sitting in the same vehicle along with Jagdish and it was sufficient to convict them with the aid of section 34 of the IPC.

"In the present case, as observed by the trial judge, the prosecution has failed to place on record any evidence to show that the accused 2, 3 and 4 (the appellants herein) had common intention with accused 1 Jagdish Singh prior to the accused number 1 Jagdish Singh's shooting at the deceased resulting in her death," it said.

The bench noted that on November 15, 2004, the station house officer of Rishikesh police station received information that illegal liquor was being smuggled in a car.

Jagdish along with constables Surendra Singh, Surat Singh and Ashad Singh Negi set out in a car to intercept the vehicle.

The bench further noted that when the police personnel spotted the car, they attempted to stop it by overtaking the vehicle and indicating to its driver to halt.

The prosecution said when the driver of the vehicle failed to stop the car, Jagdish fired a single shot which hit the co-passenger on the front seat, leading to her death.

The bench noted on November 16, 2004, a written complaint was lodged based on which an FIR was registered and later, a chargesheet was filed against the four accused for the alleged offences under Section 302 (murder) read with Section 34 of the IPC.

It said the trial court, while convicting Jagdish and sentencing him to life imprisonment, acquitted the other three accused.

Aggrieved by the trial court order, Jagdish moved the high court challenging his conviction and the state also preferred a criminal appeal against the acquittal of the other accused.

The high court, while dismissing Jagdish Singh's appeal, allowed the appeal preferred by the state. PTI ABA AMK