Allahabad High Court Sets Aside 1989 Murder Conviction, Orders Release of Khunni Lal
By Rajesh Pandey
Nearly four decades after a fatal incident in Farrukhabad district and over 35 years after a life sentence was handed down, the Allahabad High Court has acquitted a man convicted of murder by a sessions court in 1989.
Allowing a criminal appeal filed by Khunni Lal, a division bench comprising Justices Siddhartha Varma and Prashant Mishra-I ruled that the conviction recorded by the trial court on May 17, 1989, under Section 302 (murder) of the Indian Penal Code was legally flawed and could not be sustained.
The High Court observed that in the original trial there were three accused, but only one — Khunni Lal — had been convicted, while the other two were acquitted on the same body of evidence.
The bench noted this inconsistency while setting aside the conviction and sentence.
In its February 18 judgment, the court directed that Khunni Lal, who is currently in jail, be released forthwith if he is not required in connection with any other case.
Background of the Case
The case dates back to May 9, 1987, and was registered at Thathiya police station in the Kannauj sub-division of Farrukhabad district.
According to the prosecution, the accused — Khunni Lal, Bhagwan Din and Jagdish — were relatives and co-sharers in half of a house and land belonging to the complainant, Ram Singh.
The prosecution alleged that a dispute erupted around 6 pm when the accused were cutting part of the complainant’s eastern platform (chabutra), allegedly encroaching upon his land.
During the confrontation, it was claimed that Khunni Lal was armed with a large knife, Bhagwan Din with a pistol and Jagdish with a spear.
As per the complaint, during the altercation, the complainant’s brother, Mauji Lal, who was present outside a shed, was attacked.
It was alleged that Bhagwan Din and Jagdish restrained him while Khunni Lal stabbed him on the left side of the neck, leading to his death on the spot.
The accused were said to have fled, allegedly firing shots as they escaped. The FIR was lodged the following day.
The trial court, after evaluating the evidence, acquitted Bhagwan Din and Jagdish but convicted Khunni Lal and sentenced him to life imprisonment.
However, the High Court has now concluded that the conviction suffered from infirmities and set it aside, bringing the decades-old case to a close in favour of the appellant.
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