In a major relief to a 68-year-old man, the Allahabad high court acquitted him in a murder case 38 years after he was convicted and sentenced to life term by a trial court.
The bench comprising Justice JJ Munir and Justice Sanjiv Kumar allowed the criminal appeal filed by one Onkar, and set aside the judgment and order dated December 2, 1987, passed by the then sessions judge, Bulandshahr.
“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... Thus, the trial court failed to appreciate the evidence in the correct perspective,” the bench observed in its judgment dated December 1.
The incident dates back to February 11, 1985, when informant Ram Ji Lal lodged an FIR with the Ahmad Garh police station, Bulandshahr, alleging that three men—Virendra, Onkar, and Ajab Singh—entered his house and killed his nephew Rajendra.
During the pendency of the appeal, co-accused Virendra and Ajab Singh died and the case proceeded solely against Onkar who was arrested following the 1987 verdict and remained in jail until December 1990, after which he has been out on bail.
{{/usCountry}}During the pendency of the appeal, co-accused Virendra and Ajab Singh died and the case proceeded solely against Onkar who was arrested following the 1987 verdict and remained in jail until December 1990, after which he has been out on bail.
{{/usCountry}}Concluding the matter, the court ordered, “The appellant Onkar is on bail. His bail bond is cancelled and the sureties discharged. The appellant Onkar need not surrender.”