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Court acquits two charged with murder for lack of evidence

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Mustafa Plumber,Mustafa Plumber

Posted: Feb 02, 2009 at 0323 hrs IST

Mumbai Setting aside the order passed by a Pune court, the Bombay High Court has acquitted two persons sentenced to life imprisonment in a murder case for lack of direct evidence against them. ‘Giving them benefit of doubt’, the division bench of Justice Bilal Nazki and Justic Aoop Mohta released convicts Nanaram Tulshiram Bhil and Chokharam Raju Bhil, who were lodged at the Yerwada prison in Pune for nine years, on January 23.

According to the prosecution, the duo had murdered their co-worker and brother Veniram on May 17, 2000. The police said that the three worked for a building contractor in Pune and on the day of the incident they worked till late and and slept at the bungalow they were working at. The other morning when the guard of the bungalow, Mallesh Kamble, went inside the house he found Veniram’s body in a pool of blood. The other two were not found any where in the surrounding. Kamble immediately informed the police and a case of accidental death was registered.

After the post mortem report, a case of murder was registered. Acting on the information by Kamble and their employer, the police launched a manhunt against the accused and arrested them from Rajasthan on May 25, 2000. Since then the duo was in custody.

Seven witnesses were examined during the trial and the accused were sentenced to life imprisonment by the Pune sessions court after they were proved guilty. However, the High Court bench after going through the evidence observed that “there is no eyewitness in the case. Entire prosecution story depends upon the circumstantial evidence. There is no direct evidence to the actual commission of crime.”

Discarding Kamble’s statement as the evidence, the High Court observed, “The whole conviction is based upon the evidence by Kamble, who is alleged to have seen both the accused and the victim together on May 17, 2000 around 8 pm. The evidence of this witness, if taken note of independently, is itself not sufficient to convict the accused.”

The court also said that the prosecution did not bring on record any evidence of personal enmity among the accused and the victim who were brothers. “Merely because they have denied the charges and were not available after the incident does not connect the accused with the crime,” the court said.

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