Bombay high court acquits 4 murder accused

Four persons sentenced to suffer life imprisonment on charges of murdering their relative, were on Wednesday, acquitted by the Bombay high court, after it found discrepancies in the evidence of the sole eyewitness, to the killing.

A division bench of Justice NH Patil and Justice MR Bhatkar, set aside the life imprisonment of Tanaji Nalavade, Ghanshyam Atigre, Vilas Raut, and Popat Raut. The prosecution’s case was that the four and deceased Jaising Nalavade were not on talking terms due to a property dispute.

As per the complaint filed by Babasao Gurav, on February 1 2003, the deceased was visiting his land along with him, the accused assaulted him. Nalavade was injured and locals rushed him to the hospital, where he was declared dead before admission.

During the trial the prosecution examined 24 witnesses, of which 11 turned hostile. The trial court in its judgment said that the prosecution had beyond reasonable doubt proven the guilt against the accused and convicted them for murder charges.

Senior advocate Niteen Pradhan, who appeared for the accused said “There were several discrepancies in the sole eyewitnesses testimony, which were pointed out to the court.

The time of offence given by the witnesses and that recorded in the First Information Report (FIR) does not match.”

Pradhan further argued, “The police have failed to bring forth any motive behind the murder and since the accused and deceased family were in dispute over a property for the last two decades, the accused were falsely framed in the murder case.”

Accepting the arguments made by Pradhan the bench said “The prosecution has failed to corroborate with other evidence the testimony of the eye witness which is not credible. The conviction order needs to be set aside.”