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1991 Pilibhit fake encounter: HC sets side life term, sentences 43 PAC personnel to 7 years’ rigorous imprisonment
Earlier, the special CBI court, Lucknow, on April 4, 2016, had convicted 47 PAC personnel under Section 302 of the IPC and had awarded life sentence to them. The personnel had challenged the trial court’s order in the high court.
The Lucknow bench of the Allahabad high court on Thursday set aside the life imprisonment awarded by a trial court to 43 Provincial Armed Constabulary (PAC) personnel in the 1991 Pilibhit fake encounter case, in which 10 Sikhs were killed after being branded terrorists.
However, the high court convicted them under section 304 (Part 1) of the IPC, sentenced them to seven years’ rigorous imprisonment and imposed a fine of ₹10,000 each.
Section 304 (Part 1) of the Indian Penal Code, says if there is intent and knowledge of the crime, then it will be a case under it.
However, if it is only a case of knowledge and not intention to cause death, then it would come under section 304 (Part II) of the IPC.
The special CBI court, Lucknow, on April 4, 2016, had convicted 47 PAC personnel under Section 302 of the IPC and had awarded life sentence to them. The personnel had challenged the trial court’s order in the high court.
During the pendency of the appeal in the high court, four accused had died.
A division bench of Justice Ramesh Sinha and Justice Saroj Yadav on Thursday observed: “The conviction and sentence of the appellants (43 PAC personnel) under sections 302/120-B, 364/120-B, 365/120-B, 218/120-B, 117/120-B of the IPC by means of the impugned judgment and order dated April 4, 2016, passed by the trial court are hereby set-aside.”
“However, this court convicts the appellants under section 304 (Part 1) of the IPC and sentences them to seven years rigorous imprisonment along with fine of ₹10,000 (each),” the court added.
The court had completed hearing of the case on August 29 this year and reserved the order. The court delivered the order on Thursday. “It is not the duty of the police officers to kill the accused merely because he/she is a dreaded criminal. Undoubtedly, the police have to arrest the accused and put them up for trial,” the court said.
The court also observed that there was no animosity between deceased persons and appellants (cops) who were public servants.
The court pointed out that the cops exceeded the power given to them by law and caused the death of 10 Sikhs by doing an act which they thought to be lawful and necessary to discharge their duty. “We are of the opinion that the case of appellants (cops) would be covered by Exception 3 to Section 300 of the IPC,” the court said.
THE EXCEPTION
It provides that culpable homicide is not murder if the offender being a public servant or aiding a public servant acting for the advancement of public justice exceeds the powers given to him by law and causes death.
If this act, which he (accused), in good faith, thinks to be lawful and necessary for the due discharge of his duty as a public servant without ill-will towards the person whose death he has caused.
THE CASE
According to the prosecution, PAC personnel stopped a bus carrying Sikhs on a pilgrimage on July 12, 1991, in Pilibhit district of Uttar Pradesh.
The PAC personnel separated 11 male passengers, including a child, from the female passengers and killed 10 of them in three different encounters in Bilsanda, Niuria and Pooranpur areas in Pilibhit district, labelling them as terrorists, on the night of July 12-13, 1991.
The 11th person was a child, who could not be traced till date.
After investigation, the police filed a closure report. However, on a petition, the Supreme Court had ordered a CBI probe into the encounter.
The CBI probe had stated that 57 personnel carried out a fake encounter.
During the CBI inquiry, 10 accused had died.
The special CBI court on April 4, 2016, convicted 47 accused and sentenced them to life imprisonment.
All convicts had filed separate appeals in the high court, challenging the special CBI court’s order. Earlier, the high court had granted bail to 12 accused due to old age or serious medical ailment.
