Bombay High Court acquits seven in murder-dacoity case

"The statements under section 313 of the (Criminal Procedure) Code were recorded by the trial court as a cut-copy-paste exercise. Most of the questions put to each of the accused were irrelevant and misleading, causing serious prejudice to the accused," the Bombay high court observed recently, overturning the life imprisonment handed down to seven found guilty of dacoity and murder of a jeweller in Borivli in 2007.

A division bench of justices VK Tahilramani and IK Jain directed the release of James Fernandez and his associates Vishal Chauhan, Raju Thackeray, Sabbir, Swapnali, Rakesh Kantilal and former employee of the deceased Vishal Jain.

The accused were convicted of murdering Mahendra Mehta, 31, who was attacked by four people near his residence on March 21, 2007. Mehta was on his way to catch a train from Borivli to Surat and was carrying a bag of diamonds. The accused stabbed Mehta to death because he held on to his bag. They fled from the spot without taking the bag, afraid that Mehta had shouted for help.

During the trial, the prosecution examined seven witnesses, including two eyewitnesses, to bring home the guilt of the accused. After considering the evidence, the trial court held the seven guilty. This order was challenged in the high court.

Counsel for the convicts, relying on several apex court and high court judgments, argued that every error or omission in compliance with the provisions of section 313 does not necessarily vitiate the trial. Such errors fall within the category of curable irregularities, and the question, whether trial is vitiated in each case, depends upon the degree of error and whether prejudice has been or is likely to have been caused to the accused, the defence added.

After going through the evidence, the court noted, "(The accused's) statements were recorded in total disregard of the provisions. In this premise, we are not inclined to order retrial..."