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Shree. ( Advocate.)     31 October 2008

After 30 yrs, SC acquits man accused of murder

After 30 yrs, SC acquits man accused of murder

More than 30 years after a man was arrested for allegedly committing a murder, the Supreme Court has acquitted him due to lack of evidence and inconsistent statements by the eye-witnesses.
   The apex court took the view that non-examination of the investigating officer and the doctor who performed the autopsy of the victim would be justification enough for discarding the prosecution's claim and gave the benefit of the doubt to the accused.
The apex court upheld the Kirandeo Prasad's acquittal ordered by the Patna High Court which had reversed a session court's decision to sentence him to life imprisonment.
The murder which occurred on the "holi festival" on March 25, 1978, was alleged to have been carried out with the help of a gun and other lethal weapons in Bihar's Nalanda district.
A bench of Justices Arijit Pasayat and Mukundakam Sharma also concurred with the view of the High Court that there were inaccuracies in the statements made by the eyewitnesses and the failure of the prosecution to examine the investigating officer and the autopsy doctor.
In this case, Prasad along with others accomplices allegedly murdered Sukhu Mahton, which according to one version was a sequel to the failure of the deceased to attend a "Satyanarayana Swamy vrath" held at the house of the accused. The sessions court while acquitting the others, convicted and sentenced Prasad to life imprisonment, but the High Court acquitted him of the charge.
    What is wrong with our legal system??????????
  
 


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 10 Replies

N.K.Assumi (Advocate)     31 October 2008

It is conviction in the form of acquital. God only knows how many unfortunate prisoners like him are languishing in prisons in the country. Thank you Shree, that was really informative.

prof s c pratihar (medical practitioner &legal studies)     31 October 2008

the most informative citation reminds me of VICTOR HUGO'S ---LAMISERABLE. in my service career i performed about 700 post mortem exm.all sessions triable cases i had to appear.autopsy doctor must give witness.unforgetable story for 20 rupees doctor's fee i had to wait fpr 4 hours at TISHAZARI COURT -DELHI. HOW  A SESSIONS JUDGE CAN SENTENCE WITHOUT EXM VITAL WITNESS. HE SHOULD APPROACH HUMAN RIGHTS COMMISSION FOR HIS LOST WORLD.

Manish Singh (Advocate)     31 October 2008

why cant we form groups at each state or city level for a free legal remedy in such cases.


I know a person called Adv Shirode in Pune who has taken  initiative for such innocent persons mainly juveniles who are lying in prisons without doing any criminal or unlawful act just because they were lacking money to hire advocates  to defend them properly. he has staretd an ngo kind of thinf called HRLN or so..


we should learn a lesson from such kind of great person.


lets take some initiative.

N.K.Assumi (Advocate)     01 November 2008

Under section 303 read with 304 of the CrPc, accused are entitled to be defended by a lawyer at the expense of the State but so far this has remained a dead letter and lawyer are not interested to take up cases at the expense of the state as it is very low fees and very cumbersome to draw the bills etc. For example to draw Rs.1000/- I have to spend Rs.4000/- to draw the bills from the Government. Under such circumstances, Lawyer collective efforts  should bring out some solutions to the problems in the line of Manish suggestions, so that dedicated lawyer appears for those unfortunate prisoners without monetary benefits.

Rajan Salvi (Lawyer)     01 November 2008

 


KASHMIRA SINGH V. THE STATE OF PUNJAB [1977] RD-SC 171 (2 September 1977)






Ajay kumar singh (Advocate)     01 November 2008

I do not know how much happiness this acquittal will bring to Kirandeo Pd.It is said,"justice delayed is justice denied." This case is absolutely fit example.

prabodh kumar patel (advocate)     01 November 2008

It is a slap on our system.

Manish Singh (Advocate)     01 November 2008

Sir I klnow there is a provision of free leagl aid in our system but how much effective this is we are known. 


So I seriously of the view that persons interested please come forward to get in touch with me at elhi level to form a group on that front.


please come forward 

Shree. ( Advocate.)     02 November 2008

Dear Manish Sir,




 


We are true Indians, but still sleeping. We the so called intellectuals are still under the influence of sedatives. We never come foward to speak, since we are disciplined through the generations. We are afraid of god(illusion).But in fact we are the peace purchaser. We  just shut our doors if our neibourer ask and cry for help. We are expert in forwarding suggestions.



We are firm believer of governence.If some miscreants teases some girl we will always favour the miscreants and say some thing about the girl.Are we not peace purchaser? Where we  have gone, no resistively.



We live in isolation, not unitedly.
 But we are not going to help who is in need.We can fly but cannot move. We feel proud in bypassing the others even in that damn care.




 


 


Hope you understand the meanings of this post.




 


 Thank you very much in interest shown.




 


Rds,




 


Shree.

Anil Agrawal (Retired)     15 February 2009

 He should not have been released. Death in jail would be a telling commentary on our judicial system.


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