THANE: The Thane court
acquitted
a 29-year-old man in the murder as the prosecution
failed to prove
the charges.
Murshid Denali Shaikh otherwise known as Munna, was acquitted by S B Agrawal, the Principal and district judge.
According to
prosecution
the accused and the victim Satima DAs were in a live -in relationship and were residing at Ramesh Nagar, Navghargaon, Bhayander east.
But later her nephew from West Bengal came to reside with them.
On 18 Feb, 2020, the accused opposed his presence but the victim said she was helpless. Both had a tiff over this and in a fit of rage he picked up a knife and stabbed her repeatedly on her stomach, near ear and hands. victim bleeding and she was taken to a private hospital at Mira Road and thereafter to Government Hospital and during this period also, the victim informed about the quarrel with the accused to her and accordingly, FIR registered against the accused at Navghar police station under murder and other sections of the Indian penal code. Subsequently the probe was conducted and the accused was arrested in the case by the police.
As many as eight witnesses testified in the court.
Judge Agrawal, in detailed judgment, highlighted discrepancies in the evidence presented by the prosecution.
On the order the judge noted, “..the witness in his cross examination has stated that he could not exactly state where the recovery panchanama was prepared, i.e. whether on the spot or in the police station. He has further stated that, he signed at 4-5 places in the police Although, then he stated that, he made some signatures on the spot as well. Thus, the purported recovery under section 27 of the Evidence Act is also not free from doubt.”
The judge citing inconsistencies in witness testimonies and other lacunas pointed out that the accused be acquitted in the case.
English (US) ·