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Allahabad High Court Acquits 71-Year-Old Man in 1981 Murder Case

Allahabad High Court Acquits 71-Year-Old Man in 1981 Murder Case

The Allahabad High Court recently acquitted a 71-year-old man, Mofeed, who was convicted of murder in a case dating back to 1981. Mofeed had been on bail since 1985, while the three other convicts, Khalil, Zaheer, and Jainuddin, passed away during their appeal process.

The court’s division bench, comprising Justice Siddharth and Justice Ram Manohar Narayan Mishra, concluded that the prosecution failed to establish its case beyond a reasonable doubt. The court’s directive stated, “The impugned judgment and order is set aside, the surviving appellant Mofeed is acquitted of charge under Section 302/34 IPC, he need not surrender, his bail bonds are canceled, and sureties are discharged.”

Mofeed, Khalil, Zaheer, and Jainuddin were accused of murdering Shaabuddin with a country-made pistol and other weapons. The incident stemmed from a prior theft case where Khalil had allegedly stolen ₹56,000 from Shaabuddin in Bombay. After being released on bail, Khalil returned to the village. The prosecution claimed that Khalil and the others killed Shaabuddin during a meeting intended to resolve the theft case.

In 1983, the four were convicted and subsequently appealed to the High Court. The appeal was finally heard in February this year. Mofeed’s counsel argued that he was falsely implicated and only accused of causing a lathi blow because he was a relative of the accused.

The court’s analysis revealed critical inconsistencies. The investigating officer noted that the lane where the victim was found was muddy, yet there was no mention of mud on the victim’s body in the postmortem report. An eyewitness also gave a conflicting statement that the location was covered with bricks, creating doubts about the prosecution’s narrative.

Additionally, the weapons used in the crime were never recovered, and the court found discrepancies between the ocular and medical evidence. The postmortem report indicated firearm injuries that did not align with a single shot, further casting doubt on the prosecution’s case.

The court emphasized the inconsistencies in the prosecution’s evidence and ultimately acquitted Mofeed, highlighting the importance of thorough and consistent evidence in securing a conviction.

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