Keywords – Supreme Court, Sessions Court, murder, conviction, acquittal, benefit of doubt
The Supreme Court had acquitted a father son duo who were convicted and sentenced to life imprisonment in a murder case for 27 years by the Sessions as well as the High Court. The court had acquitted on benefit of doubt as well as on the failure of the prosecution to prove that the appellants had committed murder.
Altaf Hussain had land disputes with Mohammed Muslim & Shamshad. The prosecution had stated that in 1995 Altaf was riding a bicycle with his son as well as his nephew when he was barged by the appellants with an axe and as a result of which Altaf had died on the spot. In furtherance of this case the Sessions Court had convicted both of them and sentenced to life imprisonment which was also in 2010 upheld by the High Court, to which the appellants had filed an appeal in 2011 in the Supreme Court.
The case went into the Court of two judge bench, Justice V Ram Subramanian and Justice Pankaj Mittal. They stated that Altaf’s son’s as well as nephew’s behavior is questionable as they did not even tried to intervene when Altaf was being killed, two other people from the neighboring area had came to save him. It’s also further noted that Altaf was never taken to the hospital instead an FIR was lodged beforehand.
Thus the bench had acquitted the duo and granted the benefit of doubt due to the absence of any eyewitness as well as a solid ground for conviction.
Written by – Yashashvi Mishra, College – University of Allahabad, Year – 2nd year 4th semester, an intern under Legal Vidhiya
[1] https://www.livelaw.in/supreme-court/supreme-court-acquits-father-son-duo-old-murder-case-benefit-of-doubt-231146
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