Acquittal of Appellants in Murder and Attempted Murder Case Due to Insufficient Evidence.
03 January 2024
Acquittal >> Criminal Law | Evidence >> Criminal Law | Murder Homicide >> Criminal Law
The appellants, Ashish Bharat Jadhav, Sameer Ashok Bhagwat, and Kapil Vinod Ramteke, were initially convicted for the murder of Shivprasad Babanrao Naik and the attempted murder of Ajit Godambe, as per a judgment from the Additional Sessions Judge, Pune, on May 26, 2014. Ashish Jadhav was sentenced to life imprisonment for murder, and the other two were convicted under attempted murder charges. The case involved an assault on March 14, 2008, near Jaibhavani Dhaba in Pune, where Ashish Jadhav allegedly attacked Shivprasad with a sword, and the others assaulted him with fists and kicks.
The prosecution presented 11 witnesses, but the defense argued issues like unreliable witness testimony, inconsistent evidence regarding the spot of the incident, lack of medical certificates for the injured witness, and doubts regarding the recovery of evidence. The main eye-witness, Rakesh Tiwari, was inconsistent in his statements, and the location of the crime scene was not conclusively proven. Additionally, the recovery of the sword and clothes linked to the appellants was questionable due to discrepancies in the weapon description and the uncertain possession of the recovery location.
The court concluded that the prosecution failed to prove its case beyond a reasonable doubt, and therefore, the appellants were acquitted, and the original judgment was quashed. The appellants were set free.