Allahabad High Court Acquits Onkar Singh in 1985 Murder Case

Delays and unreliable testimonies lead to acquittal in decades-old case involving village rivalry.

In a significant judgment, the Allahabad High Court has acquitted Onkar Singh in the 1985 murder case of Rajendra, a resident of Bulandshahr district, citing unreliable witness testimonies, unexplained delays in lodging the FIR, and potential village rivalries influencing the case. The court's decision, delivered by Justices J.J. Munir and Sanjiv Kumar, overturned the life sentence previously imposed on Onkar Singh by the trial court.

The original incident occurred on the night of February 10, 1985, when Rajendra was allegedly murdered at his residence. The prosecution claimed that Onkar Singh, along with Virendra and Ajab Singh alias Bali, entered the victim's house, demanded a gun, and subsequently shot Rajendra. The case was marred by complications, including delayed FIR filing and alleged involvement of village politics.

The High Court highlighted that the police were informed about the incident on the same night by relatives of the accused but did not initiate an FIR until the following morning. This delay was unexplained and cast significant doubt on the prosecution's case. The court emphasized that such delays could lead to embellishments or exaggerated accounts of the incident.

Furthermore, the court scrutinized the testimonies of the key witnesses, who were related to the deceased. It found inconsistencies and contradictions, leading to doubts about the reliability of their accounts. The court noted that independent witnesses were available but were not examined, which weakened the prosecution's position.

The judgment also pointed out that the prosecution failed to establish the ownership of the weapon allegedly used in the crime, as the investigating officer submitted a final report under the Arms Act due to lack of evidence.

The court concluded that the prosecution's narrative did not align with the evidence and circumstances presented, and there was a possibility that the accused were opportunistically implicated due to existing village rivalries and enmities. As a result, the High Court set aside the trial court's judgment and acquitted Onkar Singh, emphasizing the need for proof beyond reasonable doubt.

Bottom Line:

Delay in lodging FIR in murder case raises doubts about prosecution's case - Unexplained delay can lead to embellishments and introduction of colored or exaggerated versions of the incident.

Statutory provision(s): Indian Penal Code, 1860 Section 302, Criminal Procedure Code, 1973 Section 313, Evidence Act, 1872 Section 3, Arms Act, 1959 Section 25

Virendra v. State of U.P., (Allahabad)(DB) : Law Finder Doc Id # 2816641