The Allahabad High Court has set aside the conviction of a 68-year-old man who had been serving a life sentence in a 1985 Bulandshahr murder case, observing that his alleged involvement appeared “highly doubtful” and that the prosecution failed to establish guilt beyond reasonable doubt.
A division bench of Justices J.J. Munir and Sanjiv Kumar allowed the criminal appeal filed by Onkar, overturning the judgment dated December 2, 1987, passed by the Sessions Judge, Bulandshahr, which had sentenced him to imprisonment for life under sections 302 (murder) and 34 (common intention) of the Indian Penal Code.
The FIR was lodged on February 11, 1985, by complainant Ram Ji Lal at Ahmad Garh police station, alleging that three individuals — Virendra, Onkar and Ajab Singh — forcefully entered his house and killed his nephew Rajendra.
During the pendency of the appeal, co-accused Virendra and Ajab Singh passed away, resulting in the appeal against them abating. The matter proceeded only with respect to the surviving appellant, Onkar.
In its judgment delivered on December 1, the High Court held that the prosecution failed to conclusively prove that Onkar participated in the killing or that he entered the informant’s house along with the other accused.
“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,” the bench observed, adding that the trial court did not appreciate the evidence correctly and “illegally convicted and sentenced the appellant.”
Acquitting the appellant, the court noted that Onkar was already on bail and ordered that he would not be required to surrender. “His bail bond is cancelled and the sureties discharged,” the bench directed.
The decision brings closure to a 38-year-old criminal proceeding, with the High Court concluding that the conviction could not be sustained in the absence of reliable and consistent evidence.
