2 Brothers Acquitted Of Murder Charges Over Prosecution Flaws After Spending 14 Years In Prison

A division bench comprising Justices Vivek Agrawal and Avnindra Kumar Singh ordered immediate release of the two accused, Tulsiram and Harprasad Rajpal, after setting aside their conviction by the trial court in a murder case citing ‘serious lapses’ in the prosecution’s case.

The two brothers were named as suspects in the murder of one Pyarelal Gadariya that had taken place in Damoh in Madhya Pradesh on August 25, 2009.

In its verdict in the case, delivered in 2012, the sessions court in Damoh had convicted the two brothers in the case and sentenced them to life imprisonment.

The two accused later challenged the trial court’s verdict in the Madhya Pradesh high court.

The high court bench held that the contradictions and inconsistencies in the investigation cast doubts on the prosecution’s presentation of the case and hence, it would be inappropriate to convict the two accused on the basis of the prosecution case.

The court acquitted the two brothers of murder charges on the benefit of doubt.

The court had taken note of the inconsistencies in the statements made by the victim’s family.

While the victim’s son stated that his father died immediately after leaving the police station, the deceased’s wife said that her husband was alive till they reached the hospital.

The doctor who had examined the deceased testified that he was already dead by the time he was taken to the hospital.

The court also cited discrepancies in the FIR, saying that it had the thumb impression of the deceased despite the fact that the victim used to sign his name.

The court noted that it appeared that the thumb impression of the victim was taken after his death and doubted the authenticity of the document.

The court also noted that the forensic report did not find bloodstains on the knife that the police seized and claimed as murder weapon.