In a landmark judgment, the Allahabad High Court has convicted Awadhesh Kumar and Mata Prasad for the 1982 murder of Kusuma Devi, overturning a 1984 trial court acquittal. The court sentenced both men to life imprisonment and directed them to surrender within two weeks.

Background of the Case

The incident occurred on August 6, 1982, in a remote village in Uttar Pradesh. According to the prosecution, Kusuma Devi was murdered by her husband, Awadhesh Kumar, and three accomplices due to his alleged illicit relationship with his younger brother’s wife. The victim was reportedly held down and throttled under the pretext of “driving out a ghost,” a practice rooted in blind faith and superstition.

Witness Testimonies and Evidence

Two witnesses testified that they saw the accused holding down Kusuma Devi and throttling her. Despite minor contradictions in their statements, the court found their testimonies credible. The trial court had previously dismissed their accounts, citing the absence of a torch used during the incident and the lack of a report filed immediately after the crime. However, the High Court disagreed, stating that the absence of the torch did not undermine the witnesses’ credibility and that it was not necessary for every witness to file a report.

The court also noted that the accused hastily cremated the victim’s body without informing the police or her relatives, indicating an intention to conceal the crime.

Court’s Observations

In the judgment delivered on September 25, the Division Bench of Justices Rajiv Gupta and Harvir Singh described the case as a “classic case of blind faith.” They condemned the practice of using superstition to justify such heinous acts, stating, “This shocks the conscience of the civilized society and is to be condemned by one and all, to curb such social evils.”