Prayagraj (UP), Feb 17 (PTI) The Allahabad High Court has acquitted three men, who were convicted for dacoity in 1983.
The court acquitted them on Monday in a case of dacoity that had allegedly taken place in 1982.
Justice Avnish Saxena found material inconsistencies in the testimonies of witnesses and said the benefit of the doubt should be given to the convicts.
The old criminal appeal was filed by seven convicts in 1983, aggrieved by the order of conviction and sentence passed by the special sessions judge in Uttar Pradesh’s Budaun on August 29 of that year.
An FIR was lodged against the convicts on July 27, 1982, at the Ujhani police station in Budaun under Indian Penal Code sections 395 (punishment for dacoity) and 397 (dacoity with attempt to cause death or grievous hurt).
The trial court had convicted Ali Hasan, Narain and Nandey for the offence under section 395, and Omkar, Harpal, Latoori and Mehndi for the offence under section 395, read with section 397 of the IPC.
Omkar, Harpal, Latoori and Mehndi were sentenced to seven years of rigorous imprisonment, whereas Hasan, Narain and Nandey were handed a five-year jail term.
During the pendency of the appeal, four of the convicts — Narain, Nandey, Omkar and Mehndi — died and by an order dated February 21, 2019, the appeal was abated for them.
Allowing the criminal appeal of the three remaining convicts, the high court said, “The surviving appellants cannot be held guilty for the offence of dacoity or any other minor offence and are liable to be acquitted for the offence of dacoity and attempt to cause death or grievous hurt while committing dacoity, giving the benefit of the doubt, as the trial court has incorrectly adduced evidence.” PTI COR ABN RC
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