1980 murder case: Allahabad HC finds two convicts were minors, remits matter to JJ Board

HC upholds their conviction, refers matter to Juvenile Justice Board to determine appropriate punishment

The Lucknow bench of the Allahabad high court has set aside the sentences of two men convicted in a murder case 46 years ago after finding that both were minors at the time of the crime.

The high court observed that the two convicts could not be let off without any consequence, but the appropriate order had to be passed in accordance with the provisions of the juvenile justice law. (For Representation)

However, the court upheld their conviction and referred the matter to the Juvenile Justice Board to determine appropriate punishment. The board has been asked to pass an appropriate order within six weeks of receiving the certified copy.

A division bench of Justice Abdul Moin and Justice Pramod Kumar Srivastava passed the order on October 14 on an appeal arising from the incident that took place in Sultanpur on September 28, 1980.

According to the prosecution, eight men attacked several people with sharp-edged weapons and spears. Four people—Shamshad, Abdul Rafiq, Dilsher and Hamidullah—were killed in the incident, while several others sustained injuries. The sessions court convicted all eight accused and gave them life term on December 14, 1981.

During the pendency of their appeal in the high court, appellants Siraj Ahmad and Abdul Wahid claimed that they were minors when the incident occurred. Following the high court’s directions, the Juvenile Justice Board conducted an inquiry to ascertain their age.

Based on the board’s report and educational records, the court found that Ahmad was 17 years and 10 months old, while Wahid was 17 years and 11 months old at the time of the crime. While upholding their conviction, the bench observed that the testimonies of injured eyewitnesses and other witnesses were consistent with the medical evidence.

The prosecution had successfully established the charges, and there were no grounds to interfere with the findings of guilt. However, the bench held that the sentences imposed under the criminal law could not be sustained in view of their juvenile status at the time of the offence.

The court observed that the two convicts could not be let off without any consequence, but the appropriate order had to be passed in accordance with the provisions of the juvenile justice law. The bench directed both men to appear before the Juvenile Justice Board on October 28 along with a certified copy of the judgment.