After 41 years of conviction of a life term awarded to an ex-soldier, the Allahabad High Court has set aside the 1983 judgment of sessions judge, Badaun citing contradictions in the statement of witnesses.
Allowing a criminal appeal filed by an ex-soldier- Murari, a division bench comprising Justice Siddhartha Varma and Justice Ram Manohar Narayan Mishra set aside the judgment dated May 3, 1983, passed by the sessions judge, Badaun by which the appellant-Murari was convicted under section 302 (murder) of Indian Penal Code (IPC) and was sentenced to undergo imprisonment for life.
Giving this judgment, the court in its judgment dated August 14 observed, “The contradiction in the statements of the prosecution witnesses are very glaring. The testimony of a second public witness is unbelievable”.
As per facts of the case, on July 6, 1982, when Phool Singh was allegedly murdered, a first information report (FIR) was lodged on the same day by his brother Sheodan Singh alleging that Murari Lal, the accused, who was serving in the Military and who was inimical to the deceased and the first informant and who had on earlier occasions also attempted to pick up fights with them had killed Phool Singh when the latter was going from his village to Wazeerganj.
He further alleged that Murari Lal with his licensed gun had fired upon the brother of Sheodan Singh namely the deceased Pool Singh.
Upon the conclusion of the investigation, the police report was sent and the charges were framed against the accused-Murari under section 302 (murder) of the Indian Penal Code thereafter when he had denied the charges, the trial commenced. The trial court by its judgment and order dated May 3, 1983, had found the accused-Murari guilty for the offence under section 302 (murder) IPC. Hence, the present criminal appeal was filed by the appellant.
