Allahabad High court and the trial court awarded capital punishment to these three convicts namely Momin khan, Jaikam khan, Sajid.
The apex court after hearing the case JAIKAM KHAN VS STATE OF UTTAR PRADESH, 2021 held that the prosecution is unable to prove the guilt of the three accused beyond a reasonable doubt. Thus the court acquitted the three accused in charge of murder.
The bench constituted of three judges Justice L Nageswaro Rao, Justice BV Nagarathna and Justice BR gavai given the doubt of benefit to these acquit and acquitted them from the charge of murder.
Momin Khan, Jaikam khan (his cousin) and Sajid Khan (his son) are three accused who are convicted in case of murder of the parents of Momin khan, his brother and other members of the family. The reason behind the murder given by the prosecution is property dispute among the family members.
The trial court sentenced to death these three accused and wife of Momin khan. Then they filed an appeal against the order of the trial court in Allahabad High court. the Allahabad high court after hearing the appeal dismissed the appeal against the three accused and set aside the conviction of Nazra.
The present appeal is filed before the apex court by the accused Momin khan, Jaikam khan, Sajid against an order passed by trial court and Allahabad high court.
The court observed that the evidence on the record is not sufficient. The witnesses of prosecution are close relatives of the accused and deceased and it’s not proper for conviction to rely on sole testimonies of witnesses.