4 RPI (A) workers acquitted in 2017 attempt-to-murder case; looks like ‘political drama’, says court

Mumbai, Aug 28 (PTI) A court here has acquitted four Republican Party of India (Athawale) workers who were accused of attempting to kill a party colleague during a clash in 2017, holding that the incident appeared to be a “political drama”.

Additional Sessions Judge Satyanaraya Navander had last week cleared Vishal Diwar, Vishal Jonjal, Vishal Gaikwad and Shirish Chikhalkar of charges under Indian Penal Code sections 307 (attempt to murder) and 504 (intentional insult with intent to provoke a breach of the peace).

In its detailed order, a copy of which was made available on Thursday, the court noted that while the complainant Nagorao Kamble and his wife, Jayshree Kamble, testified that the incident took place, other eyewitnesses turned hostile.

The judge pointed out that there were significant inconsistencies between the testimonies of the couple.

The court stressed that the accused, being political rivals, “it cannot be ruled out that they have been falsely implicated through exaggeration and fabrication of facts”.

“It appears that the incident was more of a political stunt than an attempt to commit murder. It was given the colour of a serious offence, which has not been proved beyond reasonable doubt,” the court held.

Kamble, a retired employee of BEST (Brihanmumbai Electric Supply and Transport), was the then south Mumbai zone president of RPI (Athawale) when he was attacked by fellow party members.

According to the prosecution, an agitation was held at Azad Maidan on March 6, 2017, to protest the murder of senior Ambedkarite Krishna Kirwale.

A dispute arose between Kamble and the accused over whether to hold a “rasta roko” (roadblock) at Chhatrapati Shivaji Terminus (CST). Kamble opposed the idea, citing potential inconvenience to the public and a prohibitory order from the police.

After the agitation, the altercation escalated at the party’s office. Kamble alleged that the accused chanted slogans against him.

Shirish Chikhalkar then poured kerosene on Kamble, while Vishal Diwar allegedly tried to set him on fire, but Kamble’s wife and another activist intervened and saved his life, the prosecution claimed.

The other two accused, Vishal Jonjal and Vishal Gaikwad, allegedly punched and kicked Kamble, it said.

Additional public prosecutor Ramesh Siroya argued that Kamble and his wife gave a detailed account of the incident, and other witnesses corroborated the information concerning the agitation on the day of the incident.

He submitted that the witnesses were won over by the accused. While the couple’s testimony was enough proof supported by circumstantial evidence, the charge against all the accused stood proved beyond reasonable doubt, he had submitted.

Defence advocate Sunil Pandey contended that a false case was registered against the accused out of political rivalry.

He said the complaint was “fabricated and concocted, and that no independent witness has supported the prosecution's case”.

After hearing both sides and perusing the evidence presented, the court held that “when the possibility of false implication arises from prosecution evidence, the benefit of doubt must go to the accused”.

The court concluded that the testimonies of Kamble and his wife were “neither trustworthy nor reliable”.

There is no sufficient evidence to establish that an attempt was made to kill the “informant” (Kamble), it ruled. PTI AVI NR