Ranchi, Feb 19: The Jharkhand High Court has acquitted all five individuals previously convicted in the sensational 2015 murder of gangster Sushil Srivastava and his two associates inside the Hazaribagh Civil Court premises, overturning the life imprisonment sentences awarded by the trial court.
A division bench comprising Justices Rongon Mukhopadhyay and Pradeep Kumar Srivastava set aside the September 11, 2020 judgment of the Hazaribagh trial court, ruling that the prosecution failed to prove the charges beyond reasonable doubt. The court ordered the immediate release of the accused, provided they are not required in any other cases.
Those acquitted include alleged mastermind Vikas Tiwari, Santosh Pandey, Vishal Kumar Singh, Rahul Dev Pandey, and Dilip Sao.
In its detailed judgment, the High Court pointed to serious lapses in the investigation and prosecution. “The prosecution failed to prove its case beyond a reasonable doubt,” the bench observed, noting significant discrepancies in witness testimonies and weaknesses in the evidence presented.
The court also questioned the reliability of the digital evidence, stating, “The digital evidence produced by police was weak, which benefited the accused.” It further noted flaws in the identification process, as witnesses had seen photographs of the accused in newspapers prior to identification parades, undermining their credibility.
The bench also rejected the prosecution’s conspiracy theory, observing, “Neither from the conduct of the accused persons nor from any material collected during investigation, meeting of minds of the appellants to execute such act has surfaced.” It added that the alleged conspiracy was largely based on assumptions and unsubstantiated claims, with no mobile phones seized or call detail records properly exhibited.
In a significant finding, the court noted that jail records confirmed that one of the accused, Rahul Dev Pandey, was already in custody at the time of the incident, further weakening the prosecution’s case.
The case dates back to June 2, 2015, when armed assailants opened fire using AK-47 rifles and hurled hand grenades inside the Hazaribagh Civil Court complex, killing Sushil Srivastava and his associates Kamran Khan and Gayas Khan during a court appearance. The attack had shocked the state and raised serious concerns about security within court premises.
The Hazaribagh trial court had convicted five of the accused in 2020 and sentenced them to life imprisonment. However, the convicts challenged the verdict in the High Court, which has now overturned the conviction citing lack of credible evidence.
Defence counsel Hemant Kumar Shikarwar confirmed the acquittal, saying, “Yes, the high court has acquitted the convicts.” Legal experts described the ruling as significant in Jharkhand’s criminal justice history, highlighting critical shortcomings in investigation and prosecution procedures.
