Murder Accused Acquitted by High Court

High Court Acquits Murder Accused 

Murder is one of the offence in India.

In an interesting and important case citation [2009] GCtR 2561, the accused was acquitted. What has happened before the acquittal is interesting. Shabnam v State of UP [2015] GCtR 905 (SC) came much after [2009] GCtR 2561. 

• The order of acquittal came after more than 20 years after the FIR Was lodged against him. Here, around the dead body certain materials were found. The dead body was identified by relatives of victim. Later on, charges were framed against accused persons. Accused pleaded not guilty and claimed trial. Prosecution had examined more than 30 witnesses. The Trial Court found that murder was indeed committed. 
• The person who conducted the post mortem was also made a prosecution witness. Shock as a result of injuries were pointed out in the report. 
• It was argued by accused that he deserves acquittal. Prosecution argued that facts are established beyond reasonable doubt that murder was committed by this accused and there is no need to raise doubts at the level of appeal. 
• While dealing with appeal, thoughtful consideration to certain submissions made by accused and it was commented that here there are "serious doubts" and arguments of accused were found to have merit. 
• To arrive at the finding of acquittal, around 5 decisions of Hon'ble Supreme Court were referred. 
• The ultimate conclusion which came was this : failure of prosecution to establish its case beyond reasonable doubt and benefit was given to accused and acquitted of all the charges in this alleged murder case.  

Written by

Vishal

Delhi

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