Dismissing two appeals by the two convicts, a Lucknow bench of Justices Ajai Lamba and Vijay Laxmi said, "On going through the totality of the evidence, we have no hesitation to affirm the well-merited findings recorded by the court below. The two accused Vijay Singh and Sanjeev Maheshwari were found to have acted in concert and attacked the deceased and injured armed with deadly weapons likely to cause death."
The court directed Singh to surrender before the court of Additional Sessions judge on June 5 whereas Jeeva is already in jail in another case.
It found that the testimony of three eye witnesses namely, Sudhanshu Dutt Diwedi, Prabhu Dutt Diwedi and Vijay Kumar Dubey alias Kunnu Mama along with other corroborative evidences were sufficient to prove guilt of the accused.
Dwivedi along with his gunner was murdered on February 10, 1997 when returning from a Tilak Ceremony in Farukhabad district.
His driver Sher Singh alias Rinku had received serious injuries in the incident. The FIR was lodged with city police station, Farukabad on February 10, 1997 itself by nephew Sudhanshu Dutt Diwedi.
The trail court on July 17, 2003 convicted Singh and Jeeva for commission of murder of Dwivedi and his gunner and also committing murderous assault on his driver, while acquitting other accused persons.
Singh and Jeeva had appealed to the HC against the trial court verdict in 2003.
The appellants had pleaded that there was no adequate testimony to prove guilt of the accused. It was added that the conviction was based on interested witnesses and fractured evidence.
The court also said that the conduct of investigating agency was not above board.
Vijay Singh was former SP MLA and had also contested this year's assembly polls as Samajwadi Party candidate but lost to BJP's Major Sunil Dutt Dwivedi, who is son of slain BJP leader Brahmdutt.
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