Two step brothers had similar names and one of them was allegedly murdered 11 years ago. The three men convicted for the crime have told the supreme court they were falsely implicated and given life imprisonment in the murder that never was as the brother is actually alive.
The apex court Friday directed a Jhansi court to probe the claim of the three men that they had been falsely implicated in the murder of Bhagawan Das.
The apex court bench of Justice R.M.Lodha and Justice H.L.Gokhale ordered the probe after senior counsel Ratnakar Dass said that two step-brothers, with one father, had the same name. Dass appeared for the Uttar Pradesh government.
This prompted the court to query how could a father give similar names to his two children.
The Uttar Pradesh government in its affidavit said one was named Bhagwat, born to Narayan Das’s first wife, while the second wife’s son was named Manu, alias Bhagwan Das. Another child was born to the second wife and was named Sumer.
The court was told that Bhagwat was a powerful person, and in order to usurp the property of his half-brothers, started calling himself Bhagwan Das.
Not convinced with the submission of the state government, the court ordered the inquiry following the submissions of counsel Monoher Singh Bakshi appearing for Dal Chand and two others, who had been convicted for the murder.
The apex court directed Dal Chand and two others to apperar before the Jhansi sessions judge on Jan 24, 2012, along with the public prosecutor to give their evidence in the case.
The court asked the session judge to submit his report within three months of hearing the matter on January 24, 2012.
Dal Chand, his brothers Ram Prasad and Mohan Lal and his son Rameshwar were convicted for murdering Bhagwan Das on Aug 2, 2000, and they were awarded life imprisonment on Feb 10, 2003, by the Jhansi sessions court.
However, on Nov 4, apex court released three of them on bail after it was told that the man for whose murder they were undergoing life imprisonment was alive. One of the convicts, Ram Prasad, died while he was on bail granted by the Allahabad High Court.