Allahabad HC acquits 68-year-old convict in 1985 murder case

Prayagraj (UP), Dec 4 (PTI) The Allahabad High Court has acquitted a 68-year-old man who was convicted for a life term in a murder case by the trial court 38 years ago.

A two-judge bench comprising Justices J J Munir and Sanjiv Kumar set aside the judgment and order passed by the Bulandshahar sessions judge saying that the involvement of the appellant in the offence appears to be highly doubtful and the prosecution has failed to prove its case beyond a reasonable doubt.

Allowing the criminal appeal filed by one Onkar, the bench set aside the judgment and order dated December 2, 1987 passed by the sessions judge, Bulandshahar by which Onkar was awarded a life term under section 302 (murder) and section 34 (common intention) of the Indian Penal Code (IPC).

According to facts, the informant Ram Ji Lal lodged an FIR on February 11, 1985 at Ahmad Garh police station of Bulandshahr alleging that three persons -- Virendra, Onkar and Ajab Singh -- entered his house and killed his nephew Rajendra.

During the course of the hearing of the criminal appeal, appellants Virendra and Ajab Singh died. Therefore, the appeal against them stood abated.

However, the present appeal was heard at the instance of the surviving appellant Onkar Singh alone.

"The involvement of appellant/convict in the offence appears to be highly doubtful. The prosecution has failed to prove its case beyond reasonable doubt and it has not been established that the appellant Onkar along with others entered into the informant's house and committed the murder of Rajendra.

"Thus, the trial court failed to appreciate the evidence in the correct perspective and has illegally convicted and sentenced the appellant Onkar," the court added.

In the judgment dated December 1, the court acquitted the appellant and said, "The appellant Onkar is on bail. His bail bond is cancelled and the sureties discharged. The appellant Onkar need not surrender." PTI COR RAJ KSS KSS