Raipur: The High Court has delivered a major blow to the prosecution by pronouncing all four accused involved in a notorious murder incident in Sejbahar of Raipur district in the year 2017 as not guilty. In this case the court stated that arms recovery cannot be the reason for the conviction, there must be the reason behind the crime. The main judgment was given by the division bench composed of Chief Justice Ramesh Sinha and Justice Vibhu Dutta Guru in which all the accused, Mohammad Yaseen, Sheikh Gufran Ahmed, Mohammad Asif Ahmed, and Sheikh Sameer Ahmed, were acquitted from all the charges that were leveled to them about the murder of Bablu, who was also known as Irfan.
The case started, according to the complainant, on June 15, 2017, and he said that Bablu, alias Irfan, was coming back from a family function. In the event, when he was in his car moving towards the Sejbahar area in Raipur, four masked men on a bike stopped him. These people fired several shots on the head of Irfan, which led to his immediate death. Out of vengeance and on the basis of a complaint, the police arrested the four accused and found operation weapons on them. The case was then presented before the trial court, where the accused was convicted, and the court passed a sentence on them.
Nevertheless, the accused went for an appeal to the High Court regarding the trial court’s ruling. In particular, the High Court stated that following a careful analysis of the evidence presented, it was impossible to find that the prosecution had proof of the motive of the crime, and since the motive is an indispensable component of proving the guilt beyond any reasonable doubt, the prosecution’s case was hence dismissed. The court said that pointing out that weapons have been retrieved from the accused is not sufficient for a conviction unless a clear intention for the commission of the crime backs it up.
The High Court’s ruling was in favor of the accused and also brought out the aspect of motive in criminal law. Since there was no evidence to show that the accused had a motive to kill, then they could not be convicted out of the presented evidence.
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