Bombay High Court acquits lifer sentenced for murder over cheque dishonour

Monday, 13 January 2014 - 10:41am IST | Place: Mumbai | Agency: DNA

The Bombay High Court has set aside life imprisonment awarded to a 25-year-old man from Solapur who had murdered a person over a bounced cheque.

Giving benefit of doubt, the court acquitted Mudassar Nasir Bagwan, saying there was no evidence to connect him to the crime.

The incident took place in 2011 when the accused attacked one Altaf over a financial dispute, killing him.  Mudassar was arrested and tried before a Solapur court which convicted him last year.

The conviction rested upon the seizure of three swords and clothes of the convict stained with his blood group ‘A’ and recovered at his instance.

The court held that none of the prosecution witnesses deposed that the seized clothes belonged to the accused and that he was seen wearing them at the time of the incident. The court said there was no evidence to show that the appellant was one of the assailants who inflicted injuries on Altaf.

“In respect of the seizure of the clothes and weapons at the behest of the accused, we do not find any evidence about sealing of any article immediately upon seizure,” the judges said.

 The medical officer had examined the weapons before being sent to for chemical analysis. He did not depose that he had received the weapons in a sealed condition and that after examining them, he re-sealed the articles, said the court.

“In the absence of satisfactory evidence over sealing of weapons and clothes on seizure, we find that no reliance can be placed on finding of blood of ‘A’ group by the chemical analyser on the clothes and weapons.

“If this evidence is left out of consideration, there is no evidence sufficient to sustain the conviction,” said the court.

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