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Allahabad High Court Splits on NIA Officer Murder Appeal, Refers Case to Larger Bench

Divergent findings on witness credibility now leave Raiyyan’s fate to a three-judge bench.

Overview

  • A division bench delivered conflicting rulings on the same record in the 2016 killings of NIA DSP Tanzeel Ahmed and his wife in Bijnor.
  • Chief Justice Arun Bhansali will constitute a special three-judge bench to re-hear the appeal.
  • Justice Rajiv Gupta ordered Raiyyan’s acquittal, citing late disclosure of names, contradictions in testimony, and a hostile witness, finding the prosecution fell short of proof beyond reasonable doubt.
  • Justice Harvir Singh affirmed conviction but replaced the trial court’s death sentence with life imprisonment, relying on the daughter’s eyewitness account corroborated by injury and post-mortem evidence.
  • Co-accused Munir died during the high court proceedings, after a 2022 trial court verdict that had sentenced both men to death and imposed fines.