SC acquits 3 awarded death sentence for killing parents, relatives

The Supreme Court on Wednesday acquitted three men awarded death sentence for killing the parents and other family members of one of them in 2014, noting that the prosecution failed to prove the case beyond reasonable doubt.

Momin Khan was accused of murdering his parents, brother and other relatives following a property dispute, whereas accused Jaikam Khan was his cousin. The third accused, Sajid, is Jaikam's son.

A bench comprising justices L Nageswara Rao, BR Gavai and BV Nagarathna passed the order on an appeal filed by the three accused against a judgement of the Allahabad High Court that had upheld their conviction and death penalty awarded by a trial court.

"We find that the prosecution has utterly failed to prove the case beyond reasonable doubt. The conviction and death sentence imposed on the accused is totally unsustainable in law," the judges said.

The bench said that the trial court and the high court were expected to exercise a greater degree of scrutiny, care and circumspection while directing the accused to be hanged till death.

It further said that there were serious infirmities on various counts in the judgment of the trial court.

In its judgment, the bench also noted that the prosecution witnesses were closely related to the deceased and the accused and could not be considered to be wholly reliable to base an order of conviction solely on their testimonies.

The apex court noted that the high court had gone on to have an academic discussion with regard to the possibility, preponderance of probability, like a scientist conducting his experiments with great care, choosing between two or more possibilities, and preponderates of one over the other, etc.

"The law, however, that is fully settled, is that, it is the duty of the prosecution to prove the case beyond reasonable doubt," the bench said.

Momin Khan's wife Nazra was also sentenced to death by the trial court. The high court, however, set aside her conviction and punishment.

According to the prosecution, on January 23, 2014 all the four accused killed Momin's father Mausam Khan, 85; mother Asgari, 80; brother Shaukeen Khan; sister-in-law Shanno, 30; nephew Samad, 8; and his brother's niece Muskan, 15; over the dispute over a brick-kiln in Bulandshahr district of Uttar Pradesh.

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