Uttarakhand High Court acquits two in 2010 murder case, cites lack of evidence

Nainital, Oct 6 (PTI) The Uttarakhand High Court has set aside the conviction and life sentence of two accused in a 2010 murder case, officials said on Monday.

The Division Bench of Justice Ravindra Maithani and Justice Alok Mahra also dismissed the state government's appeal challenging the acquittal of three other accused, thereby upholding their acquittal.

The case pertains to the murder of Uday Prakash Aggarwal on April 18, 2010. The trial court had earlier convicted Umesh Sajwan and Prakash Pandey for shooting the victim under sections 302 (murder) of the Indian Penal Code and sections of the Arms Act, 1959, sentencing them to life imprisonment and a fine. However, the trial court acquitted the remaining three accused in the case, identified as Ghananand Joshi, Suraj Verma, and Chaman Lohari.

While hearing the appeals, the High Court observed that the prosecution had failed to establish its case beyond a reasonable doubt.

The court noted that the conviction was primarily based on a purported confession made to the police, which was inadmissible in evidence and could not be used against a co-accused under section 30 of the Indian Evidence Act. The statement was not recorded before a Magistrate and therefore lacked legal validity.

The court also pointed out that the recovery of country-made pistols and cartridges from the accused near the roadways bus station on September 5, 2010, was not corroborated by any independent witnesses. Moreover, there was no Forensic Science Laboratory (FSL) report linking the recovered firearms to the crime.

The testimony of the eyewitness, Bhaskar Brajwasi, was found unreliable and "unworthy of credit." The Court observed that despite claiming to have witnessed the incident, the witness did not report it to the police, failed to assist the deceased, and his statement was recorded years later.

Emphasising that motive alone cannot sustain a conviction in the absence of credible direct or circumstantial evidence, the High Court acquitted the appellants and dismissed the state's appeal, bringing the long-pending case to a close. PTI COR VN HIG HIG