Two persons accused in a case of murder of a businessman from the powerloom town of Bhiwandi in Thane district have been acquitted by a local court after the prosecution failed to prove the charges against them.
In her order on May 6, Thane district court's Special Judge U M Nandeshwar said the prosecution failed to prove the charges of murder and those under MCOCA against the two accused, Raju Rambali Goud alias Chabiraj (32) and Babbu alias Mainuddin Mustafa Ansari (30) (both from the same gang), and hence acquitted them.
Another accused and the gang leader - Ravan alias Bablu Rambali Goud (30) - died in jail during pendency of the trial due to illness, and the case against him was abated.
Additional Public Prosecutor Sangita Phad told the court that on September 22, 2010, Raju and Babbu allegedly attacked businessman Dwarkadas Bhanushali, from Bhiwandi, with sharp weapons and killed him. They also robbed his laptop and a mobile phone collectively worth Rs 46,000.
Subsequently, the duo and their gang leader Ravan, who was also allegedly party to the crime, were arrested.
They were booked under sections 302, 397, 75 read with 34 of the IPC and also under relevant sections of the MCOCA.
Phad told the court that Ravan headed the gang operating in the district, and there were several cases against the gang members, who were also booked under the Maharashtra Control of Organised Crime Act (MCOCA).
She also informed that since last ten years, the gang members, for their personal gains and benefit of the gang, indulged in crimes including theft, house-breaking, murder and also offences under the Arms Act.
Many of the cases against them were still pending in the court of law, she further informed the court.
However, advocate Poonit Mahimkar, appearing for the accused, argued that the charges against his clients had not been proved by prosecution and there was no theft at all.
He pointed out that a gold ring on a finger of the deceased was intact, and if they had any intention of robbery they would have also taken away the ring.
Moreover, the laptop that was said to have been recovered was not proved to be the one robbed, he argued.
The judge, after hearing both the sides, concluded that the prosecution miserably failed to prove the case against the accused beyond reasonable doubt. Hence, the judge acquitted them of all the charges.