E-Paper
HC sets aside life term of ex-soldier after 41 years of conviction
Allowing a criminal appeal filed by an ex-soldier- Murari, a division bench comprising justices Siddhartha Varma and Ram Manohar Narayan Mishra set aside the judgment dated May 3, 1983 passed by the sessions judge, Badaun by which the appellant Murari was convicted under Section 302 (murder) of Indian Penal Code (IPC) and was sentenced to undergo imprisonment for life.
PRAYAGRAJ: After 41 years of an ex-soldier being sentenced to life imprisonment, the Allahabad high court has set aside the 1983 judgment of sessions judge Badaun, citing contradictions in the statement of witnesses.
Allowing a criminal appeal filed by an ex-soldier- Murari, a division bench comprising justices Siddhartha Varma and Ram Manohar Narayan Mishra set aside the judgment dated May 3, 1983 passed by the sessions judge, Badaun by which the appellant Murari was convicted under Section 302 (murder) of Indian Penal Code (IPC) and was sentenced to undergo imprisonment for life.
Giving this judgment, the court in its judgment dated August 14 observed, “The contradictions in the statements of the prosecution witnesses are very glaring. The testimony of the second public witness is unbelievable”.
As per facts of the case, on July 6, 1982, when one Phool Singh was allegedly murdered, a first information report (FIR) was lodged on the same day by his brother Sheodan Singh alleging that Murari Lal, the accused, who was serving in the army and was inimical to the deceased and the first informant and who had on earlier occasions also attempted to pick fights with them had killed Phool Singh when the latter was going from his village to Wazeerganj.
He further alleged that Murari Lal used his licensed gun to fired at Pool Singh.
Upon the conclusion of the investigation, the police report was sent and the charges were framed against the accused Murari under Section 302 (murder) of the Indian Penal Code and thereafter when he denied the charges, the trial had commenced. The trial court by its judgment and order dated May 3, 1983 had found the accused Murari guilty of the offence under Section 302 (murder) IPC. Hence, the present criminal appeal was filed by the appellant.
