Thane: The Kalyan Sessions Court has acquitted five men accused of allegedly murdering a 25-year-old man in 1992, after ruling that the decades-long delay, loss of critical evidence, and the inability to examine the prime witness had fatally weakened the case.
Complainant Could Not Depose
The court of Additional Sessions Judge P. F. Sayyad observed that the complainant—who was also the key witness—was now 74-year-old, suffering from Parkinson’s disease and memory loss, and unable to testify even via video conferencing.
“Prosecution failed to prove the complaint against the accused persons,” the court said, noting that the witness was “not in a position to speak well” and could not provide any statement regarding the incident.
Background Of The Case
According to the FIR filed in April 1994, the accused—identified as Suresh Dinanath Upadhaya (25), Gautam Mahadev Gaikwad (23), Mohiddin Siddhique Khan (20), Kanahayya Basanna Koli (24), and Kumar Chetumal Nagrani (24)—were alleged to have fatally attacked Lucky Premchand Bhatia on December 16, 1992.(the ages of the accused are as per the FIR and not current ages)
Bhatia was riding his scooter near Samrat Ashok Nagar, close to a public toilet and a grocery shop, when he was reportedly allegedly assaulted from behind with knives and sharp weapons on both thighs. Despite attempting to flee to a nearby shop, Bhatia collapsed after crying for help and succumbed to his injuries.
Delay And Missing Records Weaken Case
Initially, the complaint was filed against unknown assailants. The accused were later named in supplementary statements, and a charge sheet was filed. They were arrested and granted bail but later absconded, leading to the issuance of non-bailable warrants (NBWs) and proclamations under Section 299 of the Criminal Procedure Code.
The court noted that the case suffered due to the long delay in securing the accused and the deterioration of crucial evidence. The postmortem report was missing from the record, while the original spot panchanama and witness statements were in “torn condition,” forcing the court to rely on xerox copies.
Court’s Observations
Rameshwar Gavai, a panch witness, testified that he was present when police collected blood and soil samples from the scene near Mahaveer Grocery Shop. However, the court said the prosecution failed to examine other key witnesses to corroborate the evidence.
“The available evidence on record does not bring home the guilt of the accused… Keeping the case pending in the absence of original readable papers is not warranted. Hence, the accused are entitled to be acquitted,” the court stated in its order.
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Final Order
The court ultimately acquitted all five accused, remarking on the futility of continuing a trial for over three decades with missing documents and absent witnesses.
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