42 years later, Allahabad HC sets aside life term order in murder case, acquits three

THE ALLAHABAD High Court has overturned a verdict of the Muzaffarnagar trial court that had handed down life imprisonment to three persons in connection with a murder case dating back to 1980 and acquitted all three, two of whom are now in their 60s. The HC issued the order while hearing an appeal filed against the  trial court judgment issued on June 30, 1982.

“Ultimately, we are of the view that the prosecution has definitely failed to prove the case which was taken by it beyond reasonable doubt. Under such circumstances, the instant criminal appeal is allowed. The judgment and order dated 30.6.1982 issued by the IIIrd Additional Sessions Judge, Muzaffarnagar, is quashed and set aside. The appellants are acquitted of the charges on the basis of which the trial had proceeded. Since the appellants are on bail, the bail bonds and sureties are discharged,” read the order by a division bench of Siddhartha Varma and Vinod Diwakar.

The case dates back to January 8, 1980, when a missing complaint for Ajay Kumar  was registered at a police station in Muzaffarnagar.  During the preliminary inquiry, it was revealed that Ajay had not returned home since January 6, 1980, when he had gone to meet his friend Rajesh Kumar. Later, the missing report was altered into a kidnapping case.

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During the probe, the police nabbed Rajesh Kumar, who they claimed had provided information leading to the recovery of the victim’s body from a room rented to another accused, Ombir, a friend of Rajesh Kumar.

The police also nabbed another aide of Rajesh from whose rented room the victim’s clothes were found.

On June 30, 1982, the court found Rajesh and two others guilty and sentenced the three to life term.  The three spent some time in jail before being granted bail by a court .