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Allahabad High Court's decision: About 46 years ago, a case of murder was registered in Gorakhpur. The very next day an FIR was registered against seven accused. The case proceeded in the trial court. In 1981, the trial court convicted five of the accused, while acquitted two of all charges. That decision has been overturned by the Allahabad High Court after 43 years. Both those accused have also been found guilty and sentenced to life imprisonment. HC has directed the Chief Judicial Magistrate of Gorakhpur to ensure the arrest and jail of both the culprits. This case is of 22 September 1978. A person named Ganga was murdered in Gorakhpur. The next day an FIR was lodged against seven people at Ghughuli police station. After investigation, the police filed a charge sheet against all the accused. The case was heard in the trial court.
On January 21, 1981, the Additional Sessions Judge of Gorakhpur gave the verdict. Ayodhya, Sanhu, Chhangur, Lakhan and Ram ji were convicted under IPC section 302 (murder). These five were sentenced to life imprisonment. In the same decision, the judge acquitted Pyare and Chhotku of all charges. The government appealed in the High Court. The bench of Justice Rajeev Gupta and Justice Shiv Shankar Prasad gave the verdict on 7 May 2024 after the hearing.
What did Allahabad Court say in the decision?
The HC found that the trial court had not properly examined the evidence. The High Court said that the trial court's finding that the prosecution has not succeeded in proving its case against the accused defendants beyond reasonable doubt cannot be sustained. According to the HC, the evidence provided by the prosecution completely proved the guilt of the accused defendants. The High Court said in the decision, 'The decision of acquittal of accused-defendants Pyare Singh and Chhotku is cancelled.'
