High Court Acquits Elderly Man Sentenced to Life Imprisonment for Murder
Judicial Review Leads to Acquittal
The Allahabad High Court has overturned the life sentence of a 68-year-old man, who had been convicted of murder 38 years ago. A bench comprising Justices J.J. Munir and Sanjeev Kumar dismissed the decision made by the Bulandshahr Sessions Court, stating that the involvement of the appellant in the murder was highly questionable and that the prosecution failed to prove its case beyond reasonable doubt.
The court accepted the criminal appeal filed by a man named Omkar, nullifying the December 2, 1987, ruling and order from the Bulandshahr Sessions Court. The lower court had sentenced Omkar to life imprisonment under sections 302 (murder) and 34 (common intention) of the Indian Penal Code.
According to the facts of the case, a person named Ramji Lal lodged a First Information Report (FIR) on February 11, 1985, at the Ahmadgarh police station in Bulandshahr, alleging that three individuals—Virendra, Omkar, and Ajab Singh—had entered his home and murdered his nephew, Rajendra. During the hearing of the criminal appeal, the other two appellants, Virendra and Ajab Singh, had passed away. However, the current appeal was heard at the request of the surviving appellant, Omkar Singh.
The court remarked, 'The involvement of the appellant in the crime appears to be highly dubious. The prosecution has failed to establish its case beyond reasonable doubt and could not prove that the appellant Omkar entered the complainant's house with others and committed the murder of Rajendra.'
Furthermore, the court stated, 'Thus, the lower court failed to assess the evidence in the correct context and wrongfully convicted and sentenced the appellant Omkar.'
In its ruling delivered on December 1, the court acquitted the appellant, stating that Omkar Singh is on bail and does not need to surrender.