A Bench of Justice A.K. Goel and Justice U.U. Lalit, in a non reasoned and very brief order, has set aside concurrent conviction of accused who has been in custody for 17 years and ordered release of the accused.
The appeal filed by the Jitender against the Judgment of trial court sentencing him to life imprisonment for the murder committed in 1997 was dismissed by the division bench of Punjab and Haryana High Court in February 2015. According to the charges in prosecution Jitender and Santra Devi had conspired to murder Jaibir, the husband of Santra. Jabir was murdered in a room in his house, his body was cut into with a sword and, thereafter, burnt and disposed of by throwing the bones and ash near a canal and by concealing the sword.
In the said case, confirming the conviction of both Santra and Jitendra, the high court had observed that the inability of the prosecution to prove by medical evidence the cause of death or the sex of the bones recorded.
The Supreme Court observed that in our considered opinion, is insufficient to grant the benefit of doubt. The bench observed, in its one page order acquitting Jitendra: "We are unable to discern adequate credible evidence in support of conviction of the appellant. He is said to have been in custody for 17 years."
The bench allowed the Appeal filed by the accused with the following terms "Having regard the material on record, we are of the view that the appellant is entitled to benefit of doubt. Accordingly, his conviction and sentence are set aside and he is acquitted. He is said to be in custody. Hemay be released forthwith unless required in any other case."
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