"Substantial Dent In Prosecution Version": Allahabad HC Acquits 71-Year-Old Sole Surviving Accused In 1981 Murder Case
The Allahabad High Court has acquitted a 71-year-old man who was the sole surviving accused in a murder case dating back to 1981.
The Division Bench of Justice Siddharth and Justice Ram Manohar Narayan Mishra rendered the verdict based on substantial doubts raised regarding the crime scene's location and discrepancies found between witness testimonies and the investigating officer's evidence.
"In view of foregoing discussion based on reappreciation and rescrutinization of evidence on record, we find some substantial dent in prosecution version and ocular testimony of the witnesses regarding their presence on the place of incident and witnessing the same appears doubtful particularly on alleged time and place. The place of incident is also not duly proved. In our considered opinion the prosecution has failed to prove its case beyond reasonable doubt and judgment of trial court is not sustainable and deserves to be set-aside. Accordingly, the appeal stands allowed," the Bench remarked.
The Judgment was made in a Criminal Appeal filed in 1983 by four men challenging their conviction by the Special and Additional Sessions Judge in Ghazipur under Section 302/34 of the Indian Penal Code, directing them to undergo life imprisonment.
The prosecution's case alleged that the appellants, who were close relatives, had murdered Shaabuddin in 1981 using firearms and other weapons. The incident reportedly stemmed from a dispute over Rs 56,000 stolen by one of the appellants from Shaabuddin in Mumbai, leading to a police complaint there. After being released on bail in 1985, the accused returned to their village in Ghazipur, where the fatal incident allegedly occurred during a meeting supposedly convened for reconciliation.
Upon scrutinizing the evidence, the Court observed significant flaws in the prosecution's narrative, including inconsistencies in witness statements and discrepancies in the alleged crime's time and location. Crucially, the Court noted that the weapons purportedly used in the crime were never recovered, further weakening the prosecution's case.
Consequently, the Court concluded that the trial court's judgment was unsustainable due to the failure of the prosecution to prove its case beyond a reasonable doubt. "The impugned judgment and order is set-aside, the surviving appellant Mofeed is acquitted of charge under Section 302/34 IPC, he need not surrender, this bail bonds are cancelled and sureties are discharged. He is directed to appear before the court below within ten days and furnish a personal bond and two surety bonds on prescribed proforma to the satisfaction of the trial court in compliance of Section 437 A of Cr.P.C," the Court ordered.
Cause Title: Khalil and Others v. State of U.P. [Neutral Citation: 2024:AHC:87197-DB]
Appearance:-
Appellant: Advocates C.S. Saran, Arvind Kumar Mishra, Ganendra Pratap, Krishan Ji Khare, Mrityunjay Khare, Sanjay Singh, Shishir Kumar Dwivedi, Shivam Singh, Syed Mohmood
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