Dehradun: The Uttarakhand High Court has set aside the conviction of murder accused Neeraj Kumar, citing a lack of sufficient evidence on record to uphold the life imprisonment sentence against him. A division bench comprising Justice Ravindra Maithani and Justice Siddhartha Sah directed that if no other cases were pending against the accused, he be released within three weeks.
The district and sessions judge, Pithoragarh, had on August 9, 2023, sentenced Kumar, a resident of Machhikhet village, to life imprisonment and imposed a fine of Rs 50,000. Challenging this order, the accused filed an appeal seeking his release from jail. The court appointed advocate DCS Rawat as amicus curiae to represent the accused.
As per the details of the incident, Ganga Singh, the uncle of the deceased, Pushkar, lodged a complaint at Thal on September 19, 2020. In his complaint, he stated that he was watching the news on TV around 9:30 pm when he suddenly heard the sound of a gunshot, and his daughter-in-law, Saraswati Devi, screamed for help. Upon rushing out, he found Pushkar lying on the ground. He had a gunshot wound on his back and was bleeding profusely. The commotion attracted villagers. Upon searching the area, the accused was found holding a gun in his hand. It was alleged that the accused harboured a grudge against Pushkar and had committed the murder to exact revenge.
During the hearing, counsel for the accused argued that he had been falsely implicated in the case and that there was no evidence available against him; therefore, he should be released. The High Court, after examining the evidence, found that the prosecution had failed to prove the case beyond a reasonable doubt. The court noted that there was no direct evidence linking the accused to the crime, and the circumstantial evidence was insufficient to sustain the conviction.
The judgment underscores the principle that a conviction cannot be based on mere suspicion or weak evidence. The court emphasized that the burden of proof lies with the prosecution, and any doubt must be resolved in favour of the accused. With this ruling, Neeraj Kumar is set to be released unless he is required in any other case.
