HC sets aside conviction of man after 43 years
LUCKNOW, Dec. 1 -- The Lucknow bench of the Allahabad high court has set aside the conviction of a man in a murder case dating back to 1980 in which six accused were sentenced to five years of rigorous imprisonment by the trial court in 1982. The high court ruled that the prosecution failed to explain the injuries sustained by the accused and suppressed the true genesis of the incident.
The division bench comprising Justice Rajiv Gupta and Justice Pramod Kumar Srivastava on November 28 allowed the criminal appeal filed by Ram Jiyawan, the sole surviving appellant who was on bail during the pendency of appeal, and acquitted him of all charges.
The court also dismissed a connected state government appeal filed against the acquittal of other co-accused.
As per the appellant's counsel Rajesh Kumar Dwivedi, it was alleged that on November 27, 1980, the six accused assaulted the victims at the behest of Shambhu Prasad at Bijra village of Faizabad district. This resulted in the death of one Ram Autar and injuries to Hanuman and Jwala Prasad.
During the pendency of the appeal before the high court, five of the six appellants passed away. "The sole surviving appellant Ram Jiyawan is entitled for being extended the benefit of doubt," the high court ruled....
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