The trial court has convicted Phoolan Devi’s killer Sher Singh Rana mainly on the basis of evidence of his presence at the then MP’s official residence at 44 Ashoka Road since morning that day, his absconding immediately after the murder and two other unidentified assailants using his car for escaping from the spot.
“These circumstances coupled with non-furnishing of any explanation by accused Sher Singh Rana as regards his presence or the circumstances in which his car came to be used by the assailants is in itself sufficient to draw the conclusion that accused Sher Singh Rana was either one of the two assailants who fired at Phoolan Devi and Constable Balender, her personal security officer, or was their third accomplice who drove away facilitating the escape of the two shooters,” Additional Session Judge Bharat Parashar said.
But the Judge acquitted him of carrying arms for shooting the MP. Though the chance finger prints lifted from the two revolvers recovered from the getaway car tallied with those of Rana, but the Judge said that he was not touching this issue as this aspect is “not free from doubts”.
“It cannot be presumed that accused Sher Singh Rana was in possession of any unlicensed arm much less he used it in the incident in question. The charges for the offence u/s 25 (1B)/27 Arms Act, 1959 thus does not stand proved against him beyond shadows reasonable doubts,” the Judge said.
Further, the court acquitted two persons who the police charged with assisting Rana in committing the murder, Shekhar Singh and Dhan Parkash. “The prosecution has failed in establishing beyond reasonable doubts that they were involved in the present conspiracy in any manner much less in the actual shooting incident,” the court said.
However, it concluded that there were three persons involved in the actual shooting. “…there were indeed three persons involved in the actual shooting incident and out of them, while two fired towards Phoolan Devi and Constable Balender, the third drove away the car…facilitating the escape of the two shooters from the spot,” the court held.
On that basis, it held Rana guilty of the charge of common intention to murder Phoolan. “The murder of Phoolan Devi or the murderous attack upon Constable Balender was carried out by accused Sher Singh Rana in furtherance of common intention shared by his two other accomplices whose identity though otherwise could not be established by…”, the court said.
