A man convicted of murder by a trial court in 1982 was recently released by the Allahabad High Court.
According to media reports, the man is said to be 104 years old.
But was he really that old? Did he actually spend the last 43 years in prison?
Bar & Bench took a look at the records of the murder case involving Lakhan to find out the entire story.
The case dates back to August 5, 1977, when Lakhan, Deshraj, Kaleshwar and Kallu had allegedly assaulted the informant Rajaram’s cousin Pran. In the melee, Rajaram’s brother Prabhu was seriously injured and died at the hospital, two days later.
The four accused were convicted of murder by the trial court in November 1982 and sentenced to life imprisonment. They moved the High Court within days and were granted bail during the pendency of the joint appeal. Kaleshwar and Kallu died during the pendency of the appeal.
Lakhan and Deshraj were acquitted after being granted the benefit of doubt by the High Court on May 2, marking an end to a 48-year-old case.
On May 2, the Bench of Justices Vivek Kumar Birla and Nand Prabha Shukla found that the trial court had “not given due consideration to the lacuna or infirmity” in the prosecution case and relied upon the testimonies of two prosecution witnesses without carefully scrutinising the same.
“The failure of the prosecution to explain the genesis and origin of the occurrence has the effect of prosecution failing to bring on record the correct version of the event. The improbability of the prosecution regarding the genesis and events and the manner in which the incident were unfolded, created a doubt on the prosecution case, which has not been examined by the Court below. The defence has clearly probabilized its version, which cannot be over looked. The findings of the Trial Court that prosecution had established its case beyond reasonable doubt, therefore, cannot be sustained. The accused appellants are clearly entitled to benefit of doubt in the matter,” the Court said while ordering their immediate release.
In a recent debate on Republic World, the age of Lakhan was stated to be 104 years. Another report broadcast by the same news channel said that Lakhan “had been incarcerated for 43 years”. Similar reports focusing on Lakhan’s age were published in The Hindu and Hindustan Times.
However, a close examination of the court records revealed that the media reports fell short of reporting the complete story.
Lakhan was not in prison for the entire 43 years. In fact, he spent less than 5 years in jail before and after the trial.
“He was granted bail in 1982 itself and remained out till 2015. His bail was cancelled by the High Court as he remained unrepresented before the Court. He was then granted bail in 2018 but taken back to prison in May 2024 and remained there till May 20,” Advocate Man Mohan Mishra, who was appointed amicus curiae in the case in July 2024, told Bar & Bench.
Contrary to media reports, Lakhan is not 104 years old.
A medical document attached with Lakhan’s appeal reveals that he was about 28 years old in 1977 when the crime took place. This puts him in his late 70s at present, nowhere near the century mark.
Nevertheless, the media reports are correct in highlighting the delay in disposal of the appeal. The High Court had initially reserved its judgment on the appeal in September 2015, but released the case without any decision after seven months.
“The hearing of this appeal was concluded and the judgment was reserved, but on going through the record, it has been felt necessary that on some points further hearing is required. Accordingly, list the matter in the first week of July, 2016 for further hearing,” the Court said in an order passed in April 2016.
The case then saw more twists - it was delayed by COVID-19 pandemic, Lakhan was unrepresented again and even untraceable for some time. The appeal was finally heard this year on February 27.
[Read High Court order]