Ritika
High Court.
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Giving benefit of doubt to the accused of killing 13-year-old Kunwar Bharat in the middle of the night with a bomb, the Allahabad High Court has canceled the life sentence. Also, all the accused have been acquitted. The court said the prosecution has failed to prove the charge beyond reasonable doubt and the sessions court erred in its appreciation of the evidence.
The division bench of Justice Arvind Kumar Mishra and Justice Mayank Kumar Jain has given this order while accepting the criminal appeal against the sentence of Bhagwat and others.
Phoolchand lodged an FIR in Azamgarh police station on October 28, 1979. In which it was said that Bhagwat, Saheb, Lalu, Kamta killed their 13-year-old son Kunwar Bharat with a bomb on the night of 27 October.
On October 27 at 12 o’clock in the night, 10-15 people armed with sticks, ballam, gandasa, spears came with torchlight. The complainant was sleeping in the living room. At the same time heard the sound of the bomb and ran towards the verandah where the son was sleeping. There his wife and sister-in-law, another witness Hardev, were already crying out loud. Said Bhagwat killed. Taking cognizance of the police charge sheet, the sessions court Azamgarh convicted all the accused and sentenced them to life imprisonment. which was challenged in the appeal.
The advocate said that the complainant Phoolchand is not an eyewitness. The second witness Hardev did not support the prosecution. Said that Shva had none. An hour later it was found that the body was from India. The statements of the witnesses and the complainant are contradictory. The prosecution could not prove the offense beyond reasonable doubt. The accused is innocent. Punishment should be cancelled.
