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The Allahabad High Court recently acquitted a murder accused of life sentence after 38 years. The appeal against the Sessions Court's decision was pending in the high court since the year 1983. The accused Saleem has been acquitted on basis of the benefit of the doubt.

This decision has been given by the division bench of Justice Manoj Mishra and Justice Sameer Jain. The high court found that though Saleem was present on the spot when the murder took place his role in the murder was doubtful.

The Additional District and Sessions Court, Farrukhabad in its judgment on 29 September 1983 had sentenced seven accused to life imprisonment in the murder case of one Dhirendra Singh. The accused had challenged this decision of the Sessions Court in the High Court.

Out of the seven, five accused had already died during the trial, only accused Saleem and Brijendra Singh had survived. Now Saleem has been acquitted whereas co-accused Brijendra Singh's case has been sent to the Juvenile Justice Board.

As Brijendra was a juvenile when the murder took place but the court found him guilty under section 149 of the IPC, so his case hasd been sent to the Juvenile Justice Board for determination of the fine on him.

The matter is of the Kannauj police station in Farrukhabad district of Uttar Pradesh. In this case, a report was filed by one Kanchan Singh on 22 July 1980 against seven people under sections 302, 323, 147, 149 of the IPC. He had alleged that due to long-standing enmity between his family and the accused party, a brawl ensued on July 22, 1980 which had resulted in his nephew's on-spot death.

Dealing with the appeal, the high court opined that common objec could not be attributed to surviving appellants, namely, Brijendra Singh and Saleem as there was no evidence on record, which could prove it.

Court said, 

"Neither the surviving appellants nor the other co-accused persons, except Harnath Singh (main accused), could have had knowledge or awareness that Harnath Singh would open fire from his gun upon Dhirendra Singh. Therefore, in these prevailing circumstances, the conviction of surviving appellants, namely, Brijendra Singh (appellant no.5) and Saleem (appellant no.7) under Section 302 IPC with the aid of Section 149 IPC cannot be sustained."

Accordingly, the court acquitted Saleem and sent Brijendra to the juvenile justice board. 

Case Title: Harnath Singh and Ors v. State of UP