New Delhi [India], March 30 : The Supreme Court has acquitted four men convicted in a 1989 murder case, saying that it was a complete set-up by the police and the entire prosecution case could have been fabricated by the police.
A bench of Justices BR Gavai, Vikram Nath and Sanjay Karol said the evidence against the accused was unreliable, adding that the police might have accidentally killed the deceased while trying to arrest him.
In order to cover up the same, the police fabricated the case against the accused after coming to know about the prior enmity between the deceased and the accused, the bench said.
The order of the top court came on an appeal challenging a 2015 Gauhati High Court judgment affirming the conviction and life sentence of the accused-appellants by the trial court.
The accused were convicted for the murder of one Pradip Phukan on June 13, 1989.
The apex court in its verdict stated, "Even the scribe of the FIR has not been produced nor the signatures have been proved. It is quite possible that it was a complete set-up by the police. They having committed the murder in the process of arresting the deceased, and thereafter, knowing the enmity between the two parties set up a false case against the accused."
The bench further said this would explain the presence of police personnel throughout the incident, including at the spot, during the time when the murder is said to have occurred.
Acquitting the accused, the top court said no explanation has come forward explaining the presence of police personnel at Chabua Police Station throughout the incident.
The apex court noted that the versions of various eyewitnesses differed.
"The appellants would be entitled to benefit of the doubt. The appeal is accordingly allowed. The conviction and sentence are set aside. The appellants are set at liberty forthwith," the bench stated.
The trial court and the high court had convicted a total of eleven accused under Sections 147 (rioting), 148 (rioting armed with deadly weapons), 447 (criminal trespass), 323 (hurt), 302 (murder), 149 (unlawful assembly) of the Indian Penal Code.
However, only four of the convicts approached the top court by filing an appeal against the high court order.
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