Man acquitted of murder charge after 10 years in jail

After spending ten years behind bars, Arjun Kamble is a free man. Last week the Bombay high court acquitted him from charges of murder. A division bench of justices PV Hardas and Shalini Phansalkar-Joshi observed that the prosecution had failed to prove its case.

The Sessions court had convicted Kamble on September 3, 2005, and sentenced him to life imprisonment. He had challenged his conviction in the HC.

According to the prosecution, one Jitendra was found in an injured state at Vikhroli Park Site on August 14, 2004. Police sub-inspector Suryakant Kamble, who reached the spot, rushed him to Rajawadi hospital, but he was declared dead. A knife was found in the hollow of a tree trunk nearby.

Although no advocate appeared for Arjun Kamble, the judges went through the evidence recorded before the trial court with the help of public prosecutor and observed: "With the assistance of the learned APP (additional public prosecutor), therefore, we have perused the evidence recorded against the appellant and since on its perusal we find that the appellant is entitled to be given the benefit of doubt, this judgment is dictated."

Jitendra's brother, Indurao, had deposed before the trial court that his (Jitendra's) relations with Kamble were not cordial. Jitendra and Kamble had some quarrel in Navratri, during which Kamble assaulted Jitendra. A complaint was lodged by Jitendra. According to Indurao, Kamble threatened Jitendra with dire consequences if he did not withdraw the complaint. As Jitendra did not withdraw the complaint, Kamble killed him, claimed Indurao.

According to Indurao, he witnessed Arjun Kamble assaulting Jitendra. Even though he called for help, no one helped him. Indurao also claimed that soon after Kamble fled from the spot, he took Jitendra to Rajawadi hospital, where Jitendra was declared dead.

Indurao admitted during cross-examination that he had not attempted to intervene or separate Kamble and Jitendra.

The judges, however, disbelieved Indurao's testimony after going through the testimony of the PSI Suryakant Kamble.

The PSI said that on receiving information about the incident, he had arrived at the scene of the incident and had seen Jitendra lying in an injured state. It was the PSI who shifted him to the Rajawadi Hospital. The PSI has made no reference to the presence of Indurao or any other person at the scene of the incident.

So the judges dismissed Indurao's evidence observing: "In our opinion, therefore, no reliance can be placed on the evidence of Indurao and Deepak (another witness) that Indurao had witnessed the assault on Jitendra and thereafter with the assistance of Deepak had carried the injured to the hospital."