Three lifers, who were lodged in jail for nearly six years for murdering a waiter, have got relief from the Delhi High Court which set aside their conviction and life imprisonment and directed their release.
A bench of justices G P Mittal and G S Sistani set aside the conviction of the three men for murder while holding them guilty for voluntarily causing hurt for beating the victim with fists and belt and sentenced them to one year jail term and fine of Rs 1,000 each.
Since they had already spent almost six years in jail, the bench directed that they be released forthwith.
The trio -- Ramesh Bisht, a catering contractor, and two waiters--Rakesh and Devender-- were held guilty of beating and murdering another waiter Ram Mohan over repayment of small debt and then disposing of his body in a cardboard box near a railway line in north Delhi.
The high court held that though the eye-witness account made them guilty of beating the victim, there was no admissible evidence to link the trio to murder.
"We hold that the prosecution has proved beyond all reasonable doubts that the three appellants along with two others (proclaimed offenders) had given beatings to the deceased with fists, legs and belt. But, at the same time, there is no shred of evidence to show that the appellants or any one of them was a party to the strangulation of the deceased.
"No evidence has been produced to show the appellants had disposed of the dead body or had any knowledge of the dead body being present near the railway track between ganda nala and road.
"Thus, the trial court fell in grave error in admitting the inadmissible evidence while convicting the appellants for the offence punishable under Sections 302 (murder)/ 201 (destruction for evidence)/ 34 (common intention) IPC, rather than for giving only beatings with a blunt object," the bench said.
It, however, said the appellants undoubtedly were guilty for the offence punishable under Section 323 (voluntarily causing hurt) read with Section 34 IPC.
