In a significant judgment delivered after more than three decades, the Allahabad High Court has upheld the life imprisonment of Islam, convicted for the brutal murder of his aunt in 1987. The court dismissed the criminal appeal and confirmed the trial court’s findings, holding that the prosecution had proved the case beyond reasonable doubt.
Background of the Case
The case dates back to 2 November 1987, when Mehmoodan was attacked early in the morning while going to relieve herself near her village in Saharanpur district. According to the prosecution, Islam and his relatives had a long-standing property dispute with the deceased.
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The FIR stated that Mehmoodan was assaulted with an axe (palkati) near a grove. She suffered fatal injuries and died on the spot. The complaint was lodged the same morning, and the police recovered the blood-stained weapon and other material evidence from the scene.
Following investigation, Islam and two others were charged under Section 302/34 IPC. In 1990, the Sessions Court convicted Islam and sentenced him to life imprisonment, while acquitting the co-accused.
Key Evidence Before the Court
The prosecution relied mainly on:
- Eyewitness testimony of Shareef (PW-1), who claimed he saw Islam attacking the deceased
- Medical evidence, including post-mortem findings
- Recovery of blood-stained axe and clothes
- Motive linked to a property dispute
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The post-mortem report revealed multiple deep injuries on the neck and face, caused by a sharp-edged weapon, leading to death due to excessive bleeding and shock.
Defence Arguments
The defence challenged the conviction on several grounds:
- The FIR was allegedly ante-timed
- Delay in sending the FIR to court
- Contradictions between witness statements and medical evidence
- Claim that injuries were “lacerated” and not caused by an axe
- Allegation that eyewitnesses were unreliable or planted
It was also argued that since co-accused were acquitted, the appellant should also receive the benefit of doubt.
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Court’s Observations
Rejecting all arguments, the Division Bench observed that minor inconsistencies do not weaken an otherwise reliable case. The court noted:
“An eye-witness cannot be expected to reproduce the incident with photographic precision. Minor variations do not destroy credibility.”
The court accepted the explanation that the doctor had mistakenly described the injuries as lacerated, later clarifying they were actually incised wounds consistent with an axe attack.
On the FIR delay issue, the court held that distance from the district headquarters and administrative procedures explained the time gap. There was no evidence of manipulation or fabrication.
The bench also clarified that acquittal of co-accused does not automatically entitle the main accused to acquittal, especially when direct evidence exists against him.
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Final Decision
After reviewing the entire record, the High Court upheld the trial court’s judgment and confirmed Islam’s life imprisonment under Section 302 IPC.
“The prosecution has successfully proved the guilt of the appellant beyond reasonable doubt,” the court observed.
The appellant, who was on bail during the appeal, has been directed to surrender before the trial court by 25 February 2026 to serve the remaining sentence.
The appeal was dismissed. Islam
Case Title: Islam vs State of Uttar Pradesh
Case No.: Criminal Appeal No. 1406 of 1990
Decision Date: 20 January 2026
