Justice delayed is justice denied? SC acquits man of murder charge after 16 years in prison
2 July 2013 11:38 PM GMT
After spending 16 years in prison for the murder of his colleague in 1996, a ship's helmsman has been acquitted by the Supreme Court, which set aside his conviction and life sentence.
A bench of justices P Sathasivam and M Y Eqbal set aside the judgement of the Delhi high court affirming the conviction of the trial court and acquitted Majendran Langeswaran of murder charge saying that it cannot be sustained in law.
‘The very fact that two blood-stained knives were found by the prosecution proves that the prosecution failed to give sufficient explanation as to who had assaulted the deceased by using another knife.
‘The high court has committed grave error in holding that in view of the findings arrived at by the trial court that offence was committed by using the knife, the presence of another knife with blood-stains will not demolish the case of the prosecution,’ the bench said.
The court allowed Langeswaran's appeal against the high court and trial court's orders and directed that he be released forthwith if not required in any other case.
Langeswaran was held guilty by the trial court in August 2002 for murdering another helmsman L Shivaraman in December 1996, when their ship was sailing from South Africa to Japan via Singapore.
According to the CBI, on 30 November, 1996, there was an altercation between Langeswaran and the victim and the accused had sustained some cut injuries on his hands after which he had reported the matter to the officials.
On 1 December, 1996, when the ship was on high seas, the accused took leave from his duty on the ground that he was having pain in his hands and another helmsman was asked to do his duty, it said.
The accused and the victim were earlier staying in same cabin but after the altercation, Langeswaran was shifted to another cabin and in the afternoon, he allegedly approached an officer Kalyan Singh with a blood-stained knife and confessed that he had killed Shivaraman, the CBI said.
A bench of justices P Sathasivam and M Y Eqbal set aside the judgement of the Delhi high court affirming the conviction of the trial court and acquitted Majendran Langeswaran of murder charge saying that it cannot be sustained in law.
‘The very fact that two blood-stained knives were found by the prosecution proves that the prosecution failed to give sufficient explanation as to who had assaulted the deceased by using another knife.
‘The high court has committed grave error in holding that in view of the findings arrived at by the trial court that offence was committed by using the knife, the presence of another knife with blood-stains will not demolish the case of the prosecution,’ the bench said.
The court allowed Langeswaran's appeal against the high court and trial court's orders and directed that he be released forthwith if not required in any other case.
Langeswaran was held guilty by the trial court in August 2002 for murdering another helmsman L Shivaraman in December 1996, when their ship was sailing from South Africa to Japan via Singapore.
According to the CBI, on 30 November, 1996, there was an altercation between Langeswaran and the victim and the accused had sustained some cut injuries on his hands after which he had reported the matter to the officials.
On 1 December, 1996, when the ship was on high seas, the accused took leave from his duty on the ground that he was having pain in his hands and another helmsman was asked to do his duty, it said.
The accused and the victim were earlier staying in same cabin but after the altercation, Langeswaran was shifted to another cabin and in the afternoon, he allegedly approached an officer Kalyan Singh with a blood-stained knife and confessed that he had killed Shivaraman, the CBI said.
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