HC quashes FIR against woman added late in murder case
Bhopal/Jabalpur: The
MP high court
has quashed an FIR against a woman who was named as an accused in a
murder case
three months after the incident, on the basis of supplementary statements from two witnesses.In her criminal review petition,
Shikha Dwivedi
from
Rewa
stated that the complainant in an FIR lodged at Semaria police station on June 28, 2023, said he took goats for grazing with Ram Prakash Kol and Raj Bahor Kol when two persons came on a bike and attacked Ram Prakash with lathis.
Ram Prakash sustained serious injuries in the attack. The two witnesses of the crime on July 1 in their statement to police said that Vipul alias Ashish Mishra had come with 10 persons on four bikes and attacked Ram Prakash.
Ram Prakash later died during treatment. Police had named seven persons as accused in the case. Meanwhile, the statement of the two eyewitnesses was recorded again on July 20, 2023, in which they stuck to what they had said in their earlier statement. However, in their statement to police on September 28, 2023, they said that there was a woman also among the assailants who attacked Ram Prakash. However, they only recognised Vipul alias Ashish Mishra among them. The petitioner was included among the accused persons in the case on the basis of their supplementary statement recorded by the police on September 28, 2023. The petitioner argued that the two eyewitnesses didn't refer to any woman among the accused who attacked Ram Prakash in their two earlier statements. Besides, police didn't do any identification parade to let the eyewitnesses pinpoint the woman who was among the assailants who attacked Ram Prakash and she was included among the accused and the trial court framed charges against her as well. The bench of Justice DK Paliwal after hearing all the sides quashed the FIR against the petitioner for lack of sufficient evidence while allowing the trial to continue against rest of the accused. Advocate Prakash Updhayay appeared in the case for the petitioner.
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