After 25 years, court acquits man in murder of constable

Additional session judge, VK Khanna said that as grave the offence, the standard of proof required has to be graver, while acquitting a 45-year-old man Mukhesh Kumar, a Delhi resident. He was charged of stabbing constable Ram Niwas with the help of two others.

According to prosecution, on the night of 8 October, 1989, constable Ram Niwas was on duty at a Ram Lila Ground in south Delhi to manage crowds, along with two other cops, when he got into an altercation with Mukesh, Ganesh and Rajesh. ‘Ram Niwas, who was allegedly stabbed by a knife on his chest and left thigh by Mukesh, was rushed to AIIMS hospital,’ said the prosecution. 

The court said that section 307 of the IPC has not been established against Mukesh and he is entitled to benefit of doubt. Therefore, he is acquitted of the charge. The court, however, convicted him for the offence of obstructing public servant in discharge of public functions (section 186). However, he was but released him on probation for good conduct for a period of one year. ‘Sending a convict behind bars now after 25 years of alleged incident would not be desirable in the interest of justice’, said the judge, while releasing him on probation. 

As per the Probation of Offenders Act, a person who has been released on probation for good conduct has to furnish a bond and his conduct will be under the supervision of the court. 

Mukesh’s accomplice Rajesh stood abated as he died during the pendency of trial in 2001, while another accomplice Ganesh was acquitted of the charge of attempt to murder in 2003 on the same ground as Mukesh.