1980 murder case: Allahabad HC finds two convicts were minors, remits matter to Juvenile Justice Board

The Allahabad High Court has set aside the sentences of two men convicted in a 1980 murder case after determining that both were under 18 at the time of the crime. While upholding their conviction, the Lucknow Bench remitted the matter to the Juvenile Justice Board (JJB) to decide on appropriate orders under juvenile justice law.

Case background

The case stems from a violent incident on September 28, 1980, in Sultanpur, where, according to the prosecution, eight men attacked several individuals using sharp-edged weapons and spears. Four people — Shamshad, Abdul Rafiq, Dilsher, and Hamidullah — were killed, and multiple others sustained injuries.

Following trial, the Sessions Court convicted all eight accused and, on December 14, 1981, sentenced each to life imprisonment. The convictions were subsequently challenged in appeal before the High Court.

High Court proceedings and age determination

During the pendency of the appeal, two appellants — Siraj Ahmad and Abdul Wahid — asserted that they were minors on the date of the offence. The High Court directed an inquiry by the Juvenile Justice Board to ascertain their ages at the relevant time.

Relying on the Board’s report and educational records, the Division Bench of Justices Abdul Moin and Pramod Kumar Srivastava, in an order passed on Thursday, October 15, 2026, concluded that Ahmad was 17 years and 10 months old and Wahid was 17 years and 11 months old when the crime occurred in 1980.

Conviction upheld, sentences set aside

While affirming the findings of guilt, the Bench noted that the testimonies of injured eyewitnesses and other witnesses aligned with the medical evidence and that the prosecution had successfully established the charges. The court found no reason to interfere with the convictions recorded by the trial court.

However, the judges held that the sentences imposed “under the criminal law” could not stand in light of the appellants’ juvenile status at the time of the offence. The court observed that the two convicts could not be released without consequence, but any order affecting them must be made in accordance with juvenile justice provisions applicable to children in conflict with law.

Next steps

The Bench directed Siraj Ahmad and Abdul Wahid to appear before the Juvenile Justice Board on October 28 with a certified copy of the High Court judgment. The Board has been asked to pass an appropriate order within six weeks of receiving the certified copy.

The ruling comes more than four decades after the incident and marks a significant procedural development in a long-running case, aligning the outcome with the legal framework governing juveniles at the time of the offence while maintaining the underlying conviction based on the evidence on record.