Noida Court Delivers Verdict in 2021 Murder Case: Life Term for One, Three Acquitted
In a significant ruling, a city court in Noida has pronounced life imprisonment for a man convicted of murder, while absolving three other individuals of all charges. The verdict, delivered after a five-year legal process, brings closure to a case stemming from a violent altercation in 2021 that resulted in the death of a passerby.
Court's Decision and Sentencing Details
On Friday, Additional Sessions Judge Chandra Mohan Srivastava found Greater Noida resident Subodh guilty under Section 302 of the Indian Penal Code for the murder of Parvesh Sharma. The court imposed a life sentence along with a fine of Rs 50,000. Additionally, Subodh was sentenced to seven years under Section 3/25/27 of the Arms Act for possessing and using an illegal weapon in the crime, with a separate fine of Rs 25,000.
The court directed that 80% of the total fine amount be provided to the victim's father as compensation under the victim compensation policy. However, the prosecution failed to establish guilt against co-accused Parvej, Kapil, and Kushalpal, leading to their acquittal.
Background of the Case and Incident
The case originated from an FIR registered on May 10, 2021, based on a complaint by Rahul to the Rabupura police. Rahul reported that he had agreed to sell his car to Parvej, receiving an advance of Rs 5,000. When Parvej changed his mind and demanded the advance back, Rahul faced threats at his home from Parvej and his associates—Subodh, Kapil, and Kushalpal.
During the confrontation, Subodh allegedly fired a pistol, but no one was injured initially. As Rahul and neighbors attempted to apprehend the group, Subodh fired a second shot while escaping, which struck and killed Parvesh, a bystander. The police initially charged the four under Sections 307/34 and 504 of the IPC, but after Parvesh succumbed to his injuries in the hospital, the charge was upgraded to Section 302 for murder.
Legal Proceedings and Witness Testimonies
Following an investigation, the police filed a chargesheet, and the court framed charges against all four accused for murder with common intention on August 18, 2021. The accused denied the allegations, claiming they were falsely implicated in a commotion from a baraat procession, with the gunshot attributed to an unidentified source.
The prosecution presented 11 witnesses, including five eyewitnesses. However, three key eyewitnesses—Rahul (PW1), Satish Sharma (PW2), Harendra (PW4), and Vikrant Bhati (PW10)—turned hostile, refusing to corroborate the incident. The case ultimately hinged on medical evidence and the testimony of PW11, Suresh Chand Sharma, the victim's uncle, who stated that Subodh fired the fatal shot while escaping on a motorcycle with Kapil.
Court's Rationale and Final Ruling
After evaluating the evidence, the court concluded that the prosecution proved beyond reasonable doubt that Subodh caused Parvesh's death with intent, constituting murder under Section 302 of the IPC. However, it found insufficient evidence to link the other three accused to the crime or to prove the initial firing at Rahul was intended to kill.
In its judgment, the court stated, "The prosecution has succeeded in proving the offence punishable under Section 302 of the IPC and Section 3/25/27 of the Arms Act against Subodh, but failed to prove beyond reasonable doubt the charges against Kapil, Parvez, and Kushalpal." This led to the acquittal of the three co-accused, highlighting the challenges in securing convictions when witnesses recant their statements.
