In a significant ruling, the Allahabad High Court's Lucknow Bench has acquitted Sunil Kumar in a murder case dating back to 1986, finding that the prosecution failed to prove its case through a complete and reliable chain of circumstances. The Court also set aside an order forfeiting a Rajdoot motorcycle linked to the case.
Background of the Case
The case arose from the disappearance of Deepak Kumar, a 17-year-old electrical goods shop owner from Shahabad in Hardoi district. According to the prosecution, Deepak was last seen on 2 November 1986 riding on a motorcycle with Laxmi Kant alias Pappu. The following day, an unidentified body was discovered near Jamaur culvert in Shahjahanpur. Later, Deepak's father identified the body.
A Sessions Court in Hardoi convicted Laxmi Kant and Sunil Kumar in 1989 and sentenced them to life imprisonment. During the pendency of the appeal, Laxmi Kant died and the appeal survived only for Sunil Kumar.
Court's Examination of Evidence
The High Court closely examined the prosecution's case, which rested entirely on circumstantial evidence and the "last seen together" theory. The Bench noted several inconsistencies in witness testimonies and observed that an important witness, Sushil Kumar Singh, who allegedly saw the deceased with the accused shortly before his disappearance, was never produced before the court.
The Court also found weaknesses in the prosecution's attempt to establish motive. The prosecution relied on rumours of a relationship between the deceased and a woman related to one of the accused. However, the Bench held that the alleged motive was never conclusively proved.
Observing the evidentiary shortcomings, the Bench said that
"rumour cannot take place of proof to record a finding of motive and guilt."
Court's Observations
The Bench reiterated the settled principle that in cases based solely on circumstantial evidence, every circumstance must be firmly established and must form a complete chain pointing only toward the guilt of the accused.
After reviewing the evidence, the Court concluded that the prosecution had failed to complete that chain.
The judgment recorded that the evidence relating to the "last seen" circumstance created doubt and did not conclusively establish the involvement of the surviving appellant. The Court further observed that the trial court had convicted the accused on assumptions rather than reliable proof.
Motorcycle Forfeiture Order Also Set Aside
In a connected appeal, the owner of the Rajdoot motorcycle challenged the trial court's order confiscating the vehicle. The High Court noted that the owner was neither an accused nor shown to have any involvement in the alleged crime.
The Bench held that, after conclusion of the trial, the vehicle should ordinarily be returned to its lawful owner unless special circumstances justify confiscation.
Decision
Allowing both appeals, the Allahabad High Court set aside the 1989 conviction of Sunil Kumar and acquitted him of all charges. The Court held that the prosecution had failed to prove the case beyond reasonable doubt and that the surviving appellant was entitled to the benefit of doubt.
The Court also quashed the forfeiture of the Rajdoot motorcycle and directed that it stand released in favour of its owner, Puttoo Lal Trivedi.
Case Details
Case Title: Laxmi Kant @ Pappu (Dead) & Another v. State of U.P.; Connected with Puttoo Lal Trivedi v. State of U.P.
Case Number: Criminal Appeal No. 206 of 1989 and Criminal Appeal No. 336 of 1989
Judge: Justice Rajnish Kumar and Justice Babita Rani
Decision Date: 27 May 2026
