Mumbai: The sessions court has sentenced a 27-year-old man to life imprisonment for killing a man working for a pay and park contractor in Byculla as he tried to stop speeding bikes of the accused and his group in July 2018. The court said that the accused attacked the deceased without any provocation.
Incident Details
Deceased Bhavesh Koli, complainant Pratik Padwal and witnesses namely Rajesh Jadhav, Sumit Nagvekar and Devji Kaka were working for pay and park contractor Shiva Chavan on E.S. Patanwala Road, Byculla. Anas Afsar Sayyad, who is now convicted for killing Koli, resided in Byculla.
It is alleged that Sayyad along with his group of friends would often pass from the above pay and park area on motorbikes at very high speed and in a dangerous manner. The group would pass by the deceased and his colleagues teasing them and in a manner that it might hurt them. Even after repeated requests to not drive this way, the group ignored it and continued to do so.
Fatal Attack on July 1, 2018
On July 1, 2018, the deceased and his colleague were on duty from 8 am. At around 1: 30 pm, four boys drove past the deceased and others gave them a dash. The deceased tried to stop them but the boys abused them and ran away. They however, came back after taking a round of Robers Gomes Square. Koli tried to catch one of the boys but they ran away.
Within a while, they returned with others and started abusing and assaulting Koli, Padwal and others. In the middle of the scuffle, Sayyad took out the knife and stabbed Koli. He threatened others with a knife and ran away. Koli was rushed to hospital but succumbed to injuries and died during the treatment.
Investigation and Trial
Along with Sayyad, the Byculla police had arrested four more accused. One of the accused, however, died pending the trial. The public prosecutor Ramesh Siroya, examined around 18 witnesses which included eye witnesses and also relied heavily on the CCTV footage.
The court, after considering the evidence acquitted all the accused but convicted Sayyad who was identified by the witnesses and was also seen in the CCTV footage, assaulting Koli.
The special judge, Satyanarayan R. Navander, while holding Sayyad guilty of murder observed that, “there is clinching evidence that he stabbed the deceased with a deadly knife on his forehead as well as on the stomach near the chest i.e. on the vital parts of the body.”
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Court Observations on Intent and Sentence
“From the voluntary act done by accused no.1 (Sayyad), it can be inferred that he inflicted the blows with an intention and knowledge of causing the death of the victim. This is not a case of instigation or sudden provocation on the part of the deceased or his mates,” the court said adding that, “The accused had used a deadly weapon in a very casual manner. By committing the death of a middle-aged person, he has destroyed the family. Certainly, no leniency can be shown to him in awarding the sentence.”
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