11 June 2024 Acquittal >> Criminal Law   |   Murder Homicide >> Criminal Law  

Four men are appealing their convictions for murder and attempted murder stemming from a violent brawl outside Hotel Priya. The prosecution claims the attack was a targeted assault due to prior gang rivalry.

Background:

The prosecution's case hinges on the testimonies of four eyewitnesses. Ashok Shetty, the hotel manager, claims he saw a wounded man (later identified as Balu Magdum) enter the hotel followed by the four accused wielding weapons. While unable to identify them in court initially, he later picked them out in a police identification parade. Rohan Sakate, a friend of the deceased, alleges he was present during the attack and identified all four accused in court. He claims one of the men stabbed him, while the others chased Magdum into the hotel where they fatally assaulted him. Medical records confirm injuries consistent with a sharp weapon. Another witness, Sandeep Sawant, initially corroborated the presence of weapons but turned hostile during cross-examination, leaving his testimony unreliable. Shridhar Pailwan, an independent witness who claimed to be inside the hotel during Magdum's assault, also identified the accused in court.

Defense Challenges Witness Identification and Credibility:

The defense is challenging the prosecution's case by focusing on the identification process and the credibility of the witnesses. The defense argues that the identification parade conducted for Ashok Shetty (PW-1) was flawed due to the significant time lapse and potential exposure to the accused's photos in the media. Rohan Sakate's (PW-3) association with a rival gang leader allegedly linked to the accused raises suspicion of bias in his testimony. Additionally, the defense questions his credibility due to a lack of injury on his hand, contradicting his claim of being stabbed. The defense also contests the relevance of Shridhar Pailwan's (PW-12) testimony, suggesting he may have been a random witness whose presence in the hotel remains unverified.

Conclusion:

The appeal court overturned murder charges (Section 302 IPC) for three appellants (1, 2 & 3) due to insufficient evidence. However they were still found guilty of attempted murder (Section 307 IPC) and their original sentence was upheld. Since they already completed their sentence they will be released upon showing a copy of the judgement. The fourth accused was acquitted of all charges.

  Indian Penal Code, 1860    Code of Criminal Procedure, 1973