Two Men Living Shadow Conviction Released Court 40 Years Crime

The Allahabad High Court upheld the conviction of two men for a 1984 armed robbery in which villagers apprehended them at the spot; however, considering their age, lack of criminal history, and the 39-year delay in appeal disposal, the court released them on probation and directed payment of Rs 75,000 compensation to the victims.

Dealing with a plea of the accused against the conviction order, Justice Santosh Rai noted that the criminal appeal has been pending since 1986, and admittedly, the appellants have lived under the shadow of conviction for four decades; presently, the age of the appellants is more than 60 years.

“Appellants are the first offenders and old-aged persons. Accused appellants Dhunna and Sheo Bhushan are not habitual offenders, considering the fact that this criminal appeal has been pending since 1986 (about 39 years),” the court said on June 23.

Justice Rai added that the prosecution has not submitted any relevant record that the appellants have any previous criminal history/antecedents, which fact has also been admitted by the additional government advocate, and the maximum sentence awarded to the appellants is seven years’ rigorous imprisonment.

The plea filed by the accused Dhunna, Maiyadin, and Sheo Bhushan, challenging the judgment and order dated September 18, 1986, passed by the additional sessions judge, Fatehpur, where the accused were convicted under Section 394 (voluntarily causing hurt in committing robbery) read with Section 397 (robbery, or dacoity, with attempt to cause death or grievous hurt) IPC and sentenced to undergo seven years’ rigorous imprisonment.

One of the accused, Sheo Bhushan, was further convicted under Section 25 of the Arms Act and sentenced to one year’s rigorous imprisonment. The accused, Maiyadin, died during the pendency of this appeal.

The prosecution’s case is that during the intervening night of 23/24 December, 1984, in village Qazi Ka Purwa within the jurisdiction of Police Station Husainganj, District Fatehpur, the complainant Chittan was lying outside his house in the chaupal, while the remaining members of his family were inside the house.

At around midnight, four unknown persons allegedly arrived at the spot. Out of them, three assaulted the complainant and compelled him to open the main door of his house from inside. One of the accused, who was armed with a gun, climbed onto the roof of the complainant’s house.

Since the main entrance could not initially be opened, the assailants allegedly attempted to break it open, due to which the complainant’s wife and daughter raised an alarm and eventually opened the gate. Thereafter, the accused allegedly assaulted the complainant’s wife and daughter as well.

On hearing the commotion from inside and outside the complainant’s house, other villagers armed with lathis and torches reached the place of occurrence and raised an alarm. It was alleged that the accused were carrying guns, country-made pistols, axes, and torches, and after committing robbery in the complainant’s house, the accused persons attempted to flee from the scene.

But the villagers succeeded in apprehending three of the accused, who disclosed their names as Dhunna, Maiyadin, and Sheo Bhushan, while their fourth associate, armed with a gun, managed to escape. Several villagers also sustained injuries during the incident.

Appearing for the accused, advocate Manvendra Singh and R B Sahai submitted that the accused appellants have not committed robbery and have been falsely implicated in this case.

They further submitted that there are material contradictions in the statements of the prosecution witnesses; therefore, the appellants have been acquitted under Section 307 read with Section 34 IPC. It was pleaded that the accused appellants are senior citizens and presently they are more than 60 years old, and since this criminal appeal has been pending since 1986, they may be released on probation.

Jagriti Rai works with The Indian Express, where she writes from the vital intersection of law, gender, and society. Working on a dedicated legal desk, she focuses on translating complex legal frameworks into relatable narratives, exploring how the judiciary and legislative shifts empower and shape the consciousness of citizens in their daily lives. Expertise Socio-Legal Specialization: Jagriti brings a critical, human-centric perspective to modern social debates. Her work focuses on how legal developments impact gender rights, marginalized communities, and individual liberties. Diverse Editorial Background: With over 4 years of experience in digital and mainstream media, she has developed a versatile reporting style. Her previous tenures at high-traffic platforms like The Lallantop and Dainik Bhaskar provided her with deep insights into the information needs of a diverse Indian audience. Academic Foundations: Post-Graduate in Journalism from the Indian Institute of Mass Communication (IIMC), India’s premier media training institute. Master of Arts in Ancient History from Banaras Hindu University (BHU), providing her with the historical and cultural context necessary to analyze long-standing social structures and legal evolutions. ... Read More