More than 30 years after a man was arrested for allegedly committing a murder, the Supreme Court has acquitted him due to lack of evidence and inconsistent statements by the eye-witnesses.

The apex court took the view that non-examination of the investigating officer and the doctor who performed the autopsy of the victim would be justification enough for discarding the prosecution's claim and gave the benefit of the doubt to the accused.

The apex court upheld the Kirandeo Prasad's acquittal ordered by the Patna High Court which had reversed a session court's decision to sentence him to life imprisonment.

The murder which occurred on the "holi festival" on March 25, 1978, was alleged to have been carried out with the help of a gun and other lethal weapons in Bihar's Nalanda district.

A bench of Justices Arijit Pasayat and Mukundakam Sharma also concurred with the view of the High Court that there were inaccuracies in the statements made by the eyewitnesses and the failure of the prosecution to examine the investigating officer and the autopsy doctor.

In this case, Prasad along with others accomplices allegedly murdered Sukhu Mahton, which according to one version was a sequel to the failure of the deceased to attend a "Satyanarayana Swamy vrath" held at the house of the accused. The sessions court while acquitting the others, convicted and sentenced Prasad to life imprisonment, but the High Court acquitted him of the charge.

Later, Kapil Deo Sinha, informant and purported eye-witness to the murder, filed an appeal in the apex court.

... contd.