Now Reading: Allahabad High Court acquits two in 40-year-old murder case
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Allahabad High Court acquits two in 40-year-old murder case
The Allahabad High Court has acquitted Nagendra and Jugendra in a nearly four-decade-old murder case, ruling that mere nomination in an FIR cannot sustain a conviction under Section 149 IPC when the…
The Allahabad High Court has acquitted Nagendra and Jugendra in a nearly four-decade-old murder case, ruling that mere nomination in an FIR cannot sustain a conviction under Section 149 IPC when the prosecution fails to establish an unlawful assembly or a common object.
The court found that no specific role or weapon was attributed to either accused, and the prosecution's evidence was weak: of five fact witnesses, only the informant supported the case, while others were declared hostile. The deceased's wife, an injured witness, could not identify the assailants.
The bench cited Supreme Court judgments that mere presence at the scene or membership in a group is not enough to attract Section 149 IPC. The trial court had not recorded a clear finding on the existence of an unlawful assembly or examined the individual circumstances connecting the accused to it.
Indian Opinion Analysis
This judgment reinforces a well-settled principle: Section 149 IPC creates vicarious liability, but the prosecution must first prove the existence of an unlawful assembly with a common object. The Allahabad High Court's scrutiny highlights how trial courts often gloss over this foundational requirement. The case also underscores the risk of relying on a single witness when others turn hostile. With the other six accused deceased, the appellants were the only ones left to contest the conviction. The next practical step is their release from custody, unless the state appeals to the Supreme Court.
Source: livelaw.in
This story was synthesised by AI from the source linked above.
