Punjab: Lifer in murder case walks free 20 years later as court acquits him

The prosecution had alleged that Shanku, along with other accused, attacked the victim’s family following a dispute over children playing with marbles. According to the prosecution, while co-accused Jagir Singh fired the fatal shot, Shanku had allegedly exhorted him to do so.

During the trial, Jagir Singh passed away, and the proceedings against him were abated. Balbir Singh also died during the pendency of the appeal, leaving only Shanku’s conviction to be examined by the high court.

The court found that Shanku was merely accused of provoking a fellow convict but did not inflict any injury himself. “It will also be debatable as to whether Jagir Singh, aged about 60 years, who was carrying his licensed gun and who had fired the fatal shot, actually fired the shot pursuant to the exhortation by the appellant only,” the judgment stated.

The court also observed that in cases involving multiple accused, there is often an attempt to falsely implicate family members. “The courts have to be extra cautious to rule out the possibility of false implication, particularly when it is a case of a single injury only,” the bench noted.

Given the lack of direct evidence against Shanku and his role being limited to an alleged verbal provocation, the court set aside his conviction, stating that he was “entitled to the benefit of doubt.” It ordered that he be acquitted of all charges and that the necessary intimation be sent to the authorities concerned.

Shanku was represented by amicus curiae Sukhcharan Singh Gill, while the state was represented by additional advocate general Harkanwar Jeet Singh.