Court acquits two accused in 2023 murder case, cites gaps in circumstantial evidence

Thane, Oct 20 (PTI) A Thane court has acquitted two men accused of the murder of a person in 2023, noting the prosecution failed to prove the complete chain of circumstantial evidence required to establish the guilt of the accused beyond a reasonable doubt.

The court acknowledged that the victim had suffered a homicidal death, a fact proven by the postmortem notes and the testimony of a prosecution witness and the deceased's daughter.

However, Principal District and Sessions Judge S B Agrawal noted significant flaws in the other links of the circumstantial chain, leading to the acquittal.

A copy of the order, dated October 17, was made available on Monday.

According to the prosecution, the victim, Ravindra Pardeshi (49), was murdered on February 28, 2023, in Jambhali Naka area of Maharashtra's Thane city.

The prosecution's case hinged on the claim that a dispute over a street stall led the accused -- Dhurupchand alias Dhruv Vishwanath Patwa (35) and Ashraf Hajrat Ali (23), to assault the victim with a chopper and an iron hammer, causing his death.

The victim's family, including his daughter, found him lying in a pool of blood and rushed him to the hospital, where he was declared dead.

The accused were charged under Sections 302 (murder) and 34 (common intention) of the Indian Penal Code, as well as provisions of the Arms Act and the Maharashtra Police Act.

The court, however, noted significant flaws in the links of the circumstantial chain, leading to the acquittal.

The CCTV footage only speaks about the accused persons being in and around the said area, and the same is not of any worth, it observed.

The court also noted that "...most crucial matter is that although purported extra-judicial confession is of the date of the incident i.e. 28/02/2023, the statement of this witness is recorded after nine days with no explanation." The evidence regarding the recovery and purchase of the chopper and hammer was also found to be unreliable.

The court pointed out that the chemical analysis reports were inconclusive regarding blood on the weapons and the clothes of the accused.

Judge Agrawal concluded that the lapses in evidence meant the prosecution could not sustain its case. PTI COR GK