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Death Sentence(Trial Court)- Acquittal(HC) –Finally SC Awards Lifer To Accused In A 22-Year-Old Murder Case [Read Judgment]

Ashok K.M
23 July 2017 7:14 AM GMT
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The Supreme Court has awarded life imprisonment to the accused who were held guilty for the death of three persons including a child, in Uttar Pradesh, which happened 22 years ago,

The Trial Court in the instant case, had imposed death penalty on the accused. The High Court not only negatived the death sentence reference, but also acquitted the accused, in the appeal preferred by them. The High Court had given the accused the benefit of doubt on the ground that First Information Report was ante timed and ante dated and there was no source of light to identify the assailants at the time of incident. The State of Uttar Pradesh preferred the appeal before the Apex Court.

The Bench comprising Justice AK Sikri and Justice Ashok Bhushan observed that the High Court relied on small inconsistencies and untenable grounds to set aside the well-considered judgment of the trial court.

Referring to an observation made by the High Court in the judgment that the dispute was not of such a nature, so as to give the accused any motive to kill the family members of the witnesses. “We do not subscribe the above view of the High Court. On a particular incident how a human being will react is not easy to comprehend.”, the Bench said.

With regard to punishment, the Bench observed that at this distance of time confirming the capital punishment to the accused is not an appropriate punishment. The Court confirmed other punishments awarded by the trial court except capital punishment which was converted into life imprisonment.

Read the Judgment Here

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