The Allahabad High Court has acquitted a 71-year-old man, Mofeed, who had been convicted along with three others in a 1981 murder case. The court ruled that the prosecution failed to prove the charges beyond reasonable doubt.
Mofeed had been out on bail since 1985. The other three accused—Khalil, Zaheer, and Jainuddin—died during the pendency of their appeal.
Court’s Observations
A division bench of Justice Siddharth and Justice Ram Manohar Narayan Mishra found several inconsistencies in the prosecution’s case. The court stated:
- The prosecution could not establish the place of occurrence with certainty. The investigating officer said the victim was lying in a muddy lane, but neither he nor the postmortem doctor mentioned mud on the body.
- An eyewitness gave a contradictory statement that the spot was covered with bricks.
- Weapons allegedly used in the crime were never recovered.
- There was a serious mismatch between ocular testimony and medical evidence, especially regarding firearm injuries, which did not appear to have come from a single shot.
Based on these doubts, the court set aside the trial court’s 1983 judgment.
Case Background
The case relates to the murder of Shaabuddin in 1981. The accused were his close relatives and allegedly killed him using a country-made pistol and other weapons. According to the prosecution, Khalil had earlier stolen ₹56,000 from Shaabuddin in Bombay. When he returned to the village after being released on bail, the murder allegedly occurred during a meeting to compromise the theft case.
After conviction under Section 302/34 IPC in 1983, the accused filed a joint appeal. The matter was finally heard in February 2024.
Verdict
The High Court acquitted Mofeed, cancelling his bail bonds and discharging his sureties. The judges concluded that the prosecution’s evidence was weak and full of contradictions, making the conviction unsustainable.
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