HC acquits three of murder charges after 11 years

After being incarcerated for 11 years, three persons havebeen acquitted from the charges of murder by the Bombay high court afterobserving that they have been falsely implicated in the case. A division bench of Justices PV Hardas and Ajey Gadkarioverturned the conviction and life sentence awarded to Maruti Dhangar, LaxmanBabu Konkeri and Bhima Sidda Mang.

The HC has, however, upheld the conviction and life sentenceof the fourth accused - Pandurang Konkeri. The session court at Kolhapur had found all the four accusedguilty and sentenced them to life imprisonment in 1993. According to additional public prosecutor FR Shaikh, onSeptember 26, 1988, the four had assaulted one Birappa and Rama, the cousinbrothers of one of the accused Maruti.

The accused had assaulted the two aftera feud over agricultural land between the victims and Maruti. While Birappadied on the spot, Rama survived and was the sole eye witness in the case. The sessions court had convicted the four relying on theevidence given by Rama. The HC, however, discredited Rama's testimony observing thatthe evidence given by other witnesses and circumstantial evidence submitted byprosecution shows that only Pandurang had assaulted the two and that Ramaincluded Maruti and other persons' names due to personal enmity.

The judged noted: "The evidence of the prosecution clearlyindicates that it was Pandurang who had alone assaulted deceased Birappa andwitness Rama. The evidence does not conclusively establish that the other threeaccused had assaulted the two. Thus the three would be entitled to be given thebenefit of doubt." "The conviction and sentence of Maruti Dhangar, Laxman BabuKonkeri and Bhima Sidda Mang is hereby quashed and set aside and they areacquitted of the offence with which they were charged and convicted," HC furtheradded.