The Allahabad high court has said that an absconding person accused of murder during night cannot be held guilty of crime as long as there was no concrete evidence against him.
While passing this order the Allahabad High Court has ordered that the accused be freed and also set aside his conviction by the sessions court.
The court has said, that on the basis of mere suspicion an accused cannot be convicted. Hence, the bench of Justice Rajiv Gupta and Justice Shiv Shankar Prasad set aside the conviction of Rajveer Singh and ordered that the accused be set free.
In this case, a revenue employee was murdered while he was asleep on a platform on August 4, 1999 under Daiki police station in Agra district.
An FIR against unidentified persons had been lodged. Later police filed a chargesheet and the accused was convicted on the basis of suspicion. A fine of Rs 25, 000 was also imposed on the accused.
The prosecution has failed to prove involvement of the accused in the case, the court has said.
