Supreme Court Criminal Appeal Nos:821 of 2000 & No:160 of 2001.
Appeal for mercy for Mr. Suresh Chauhan & Mr.Ramji Chauhan convicted & sentenced to death by hanging under section 302IPC, 307 IPC & 449 IPC.Mr.Suresh Chauhan and his wife’s brother , Ramji chauhan have been accused of murdering his(Suresh) own brother Mr.Ramesh Chauhan (Younger brother of Suresh) and four members of Ramesh ‘s family (Wife and three children ) over a dispute over property belonging to their father Late Mr.Panalal. The Accused Mr.Suresh however says that his conviction was based on the false evidence of witness (PW1) Mr.Lalji (paternal uncle of Accused Suresh) who had repented later and told the family members of Accused Ramji that he (Lalji) would reveal the truth at appeal hearing in the Allahabad High Court .However four days before the appeal hearing he was mysteriously burnt to death in his own room. His body was quickly creamated without any police report or post mortem . Both the Accused insist that they were taken from their homes and not arrested near Railway station.The weapons claimed by the police to have been recovered from the house of Suresh did not match the wounds of the murdered victims described in the Medicolegal report . Besides the manner of recovery claimed by the police was rejected by the High Court. There are also discrepancies in the FIR , the Inquest report etc .
The only person benefiting from the whole incident is Ram Naresh who is the elder brother of Accused Suresh and Deceased Ramesh . In Childhood Ram Naresh had been adopted by paternal uncle , Lalji (PW1) who was issueless. Prior to his death , the father ,Late Panalal divided his property between Accused Suresh and Deceased Ramesh only .He did not include the elder son Ram Naresh ( adopted by Lalji ) since he is the sole inheritor of his adopted father , Lalji ‘s property . However after the death of the father ,Mr.Panalal , the elder brother Ram Naresh demanded share from his two brothers (accused Suresh and deceased Ramesh ) which they refused unless Ram Naresh agreed to share with them the property of his adopted father , Mr.Lalji(PW1). Now with Suresh convicted to death sentence , Ramesh dead , and adopted father Mr.Lalji(PW1) mysteriously burnt to death , Ram Naresh is the sole claimant/owner of the property of late Mr.Lalji and Late Panalal.
The police cannot be trusted as it is widely known and documented that they can be bought and the discrepancies in the FIR & INQUEST point to a possibility of coverup
and miscarriage of justice.
Of the accused Mr.Suresh Chauhan is father of 7 children , the youngest being 5 years old with two daughters of marrigable age. He is the bread winner of the family . The future of the children is at stake . There is no one to look after them and if the accused allegation is true than they face possible harassment from their uncle ,Mr.Ram Naresh. Similarly Mr.Ramji Chauhan is from a very poor family doing business in balloons. In fighting the case they have sold their belongings ,are living in rented homes and struggling to make ends meet. Ramji Chauhan wife face premature widowhood at such a prime age . The whole family has been reduced to brink of ruin .
Prominent citizens and peoples’ representatives have extended their support after seeing the plight of the dependents of the two convicted .They include Shri Shankar Prasad Jaiswaal,MP-Parliament ; Shri Ajay Singh, Chairperson –National Bal Bhawan ; Shri Amarnath Yadav , Nagar Pramukh ; Shri Shiv Nath Yadav – MLC; Shri Shamdev Roy Chaudhuri—MLA ; Shri Ajay Ray- MLA; Shri Abdul Kalam , MLA ; Shri Ajay Kumar Singh , Sabhasad ; Smt .Dhanno Devi, Sabasad;and Shri Ambrish Keshari, Sabhasad etc.