HC to hear convicts' plea against death sentence on November 30
PRAYAGRAJ, Oct. 29 -- The Allahabad high court on Tuesday admitted a criminal appeal filed by the two convicts in the 'blue drum' murder case challenging the death sentence awarded to them by the Meerut sessions court and fixed November 30 for the final hearing. Justice Salil Kumar Rai and Justice Padam Narain Mishra passed the order on a criminal appeal filed by Muskan Rastogi and her partner Sahil Shukla who were convicted of the murder of Saurabh Rajput, a merchant navy officer. His body was dismembered and concealed in a blue drum filled with cement. The case triggered widespread outrage. Following an investigation, police arrested Saurabh's wife Muskan Rastogi and Sahil Shukla. The case pertains to the Brahmpuri police station area of Meerut.
Through their counsel, they filed criminal appeals seeking the quashing of the conviction order dated September 30 and the death sentence awarded to them on October 14. The trial court also imposed a fine of Rs 50,000 each. They urged the high court to set aside the conviction and death sentence and acquit them of all charges under the relevant provisions of the Bharatiya Nyaya Sanhita.
The appeal contends that the prosecution failed to establish its case beyond reasonable doubt. According to the appellants, the case rested entirely on circumstantial evidence, but the trial court arrived at its conclusion on the basis of speculation and conjecture while overlooking established legal principles.
The appellants also pointed to alleged contradictions in the statements of witnesses regarding the purchase of the weapon, cement and drum. They have argued that neither CCTV footage nor valid purchase receipts were produced to substantiate these transactions.
Other grounds raised in the appeal include the alleged absence of signatures of independent witnesses on recovery memos, violations of videography procedures and the absence of mandatory certificates required for electronic evidence....
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