In a significant ruling, the Allahabad High Court has acquitted a man who had been serving a life sentence for over four decades in connection with a 1983 murder case from Jhansi. The Division Bench comprising Justice Madan Pal Singh and Justice Saumitra Dayal Singh overturned the conviction of Vijai alias Babban, who had been found guilty under Section 302/34 IPC by the Jhansi Sessions Court in 1984.
Background of the Case
The case stemmed from an incident on 17 December 1983, when Bashir Shah was fatally stabbed near Khushipura in Jhansi. According to the FIR lodged by Bashir’s brother Bahadur Shah, the accused Narendra Kumar and Vijai @ Babban confronted Bashir over his opposition to Narendra’s alleged visits to a woman named Kanti. While Narendra attacked Bashir with a knife, Vijai was accused of exhortation by shouting words like "Maro sale ko." Bashir later succumbed to his injuries at Jhansi Medical College.
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The trial court convicted both men, sentencing them to life imprisonment. Narendra’s appeal abated after his death in 2018, while Vijai continued to pursue his case.
The High Court, after examining the testimonies of eyewitnesses and legal precedents, found that the evidence against Vijai was weak and inconsistent. The Bench noted that the FIR had not mentioned Vijai’s alleged threats, and improvements were made during trial.
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Quoting from the judgment, the Court observed:
"Evidence of exhortation is, in the very nature of things, a weak piece of evidence… Unless the evidence is clear, cogent and reliable, no conviction for abetment can be recorded."
The judges also emphasized that mere presence at the spot and use of abusive words did not prove a "common intention" under Section 34 IPC. Since Vijai did not physically assault the victim, the Court concluded that his conviction could not be sustained.
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Acquittal After Four Decades
Setting aside the trial court’s order, the High Court acquitted Vijai of all charges and directed his immediate release, provided he was not wanted in any other case. The Court also appreciated the efforts of the amicus curiae, Advocate Rajiv Lochan Shukla, awarding him ₹25,000 for his assistance.
Case Title: Vijai @ Babban vs. State of U.P.
Case Number: Criminal Appeal No. 2977 of 1984
