Friday, November 4, 2011

SC frees accused after ‘murdered’ man found alive

A man who was supposed to have been murdered walked back to his village in Uttar Pradesh but not before three persons accused of killing him had spent 10 years in prison after being convicted under Section 302 of Indian Penal Code and sentenced to life imprisonment by a trial court: an order that was upheld by the Allahabad High Court.
The shocking case, highlighting the inadequacies of the system of judicial administration, was narrated on Friday to the Supreme Court, leading a bench of Justices R M Lodha and H L Gokhale to immediately order release of the three “murderers” on bail.
Amicus curiae Manohar Singh Bakshi said the Mauranipur police in Jhansi district had registered a case under Section 302 against juvenile Rameshwar, his father Mohan and uncle Dal Chand on August 2, 2000, for the alleged murder of one Bhagwan Dass.
During the trial, the accused persons’ repeated plea that they were falsely implicated in the case fell on deaf ears. But it was revealed that an influential person in the village devised this ingenious method to implicate Rameshwar’s family in the murder of Bhagwan Dass, who fled the village to Himachal Pradesh to work in the shop of a grain merchant. The person then allegedly took over the land owned by both families.
The three have also moved an application before the Supreme Court seeking Rs 50 lakh as compensation each from the state for frivolous prosecution.

Break Up of the Case

Aug 2, 2000 | Case registered against Rameshwar, his father Mohan and uncle Dal Chand for alleged murder of Bhagwan Dass

Feb 10, ’03 | Jhansi sessions court convicts all 3, gives them life terms

Oct 26, ’09 | Allahabad HC dismisses their appeals, confirms life sentence

Dec ’10 | Bhagwan Dass re-appears, says he had been working in Himachal Pradesh all along. An influential person in the village had allegedly taken over land owned by both families

Nov 4, ’11 | Case narrated to SC, prompting bench to order immediate release on bail of the trio

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