A Thane court in Maharashtra noted that all five eye-witnesses were "interested witnesses", three of them being the deceased man's tenants and two his relatives
The accused must be given the benefit of doubt, the court said. Representational Pic/File
The district court has acquitted a couple accused in the 2022 murder case of a 65-year-old man in Diva area of Thane district in Maharashtra, noting that the testimonies of the prosecution witnesses were not credible, reported the PTI.
The prosecution claimed that the couple were stealing something from a tin shed outside deceased's house, and when he raised alarm, the husband attacked him with a wooden rod while the wife held him down.
Judge S B Agrawal on Wednesday acquitted Mohammad Juber (29), a plumber by profession, and his wife Reshma Juber (30), according to the PTI.
They were accused of killing Abhimanyu Kalu Patil on the night of December 3, 2022.
The court, however, noted that all five eye-witnesses were "interested witnesses", three of them being the deceased man's tenants and two his relatives. The shed was only used to cook food and a witness admitted that no valuables were kept there, the judge said.
The accused must be given the benefit of doubt, the court held, acquitting the couple, as per the PTI.
Man gets 7-yr RI for culpable homicide; 6 acquitted
Meanwhile, in an another incident, a court in Thane has sentenced a man to seven years rigorous imprisonment after convicting him for culpable homicide in connection with the death of an acquaintance after an assault in 2017, as per the PTI.
Additional Sessions Judge N L Kale, Bhiwandi, in the judgment on September 22, acquitted six other accused in the case.
The court sentenced Ramshila Phulkarn Paswan (28) to seven years rigorous imprisonment under section 304 Part II (culpable homicide 0not amounting to murder) of the Indian Penal Code and also fined him Rs 8,000, with an additional four months imprisonment in case of default, reported the PTI.
It granted Paswan the benefit of set off under section 428 of the Criminal Procedure Code CrPC for the time already spent in custody since 2017.
The case dates back to October 19, 2017, when a dispute broke out at a factory in Bhiwandi area of Maharashtra's Thane district. The altercation apparently began over a monetary issue between Bablu Patel (complainant in the case) and the accused, who were acquaintances.
Paswan attacked Kamleshkumar Patel with a wooden rod and he later succumbed to his injuries, while Bablu Patel sustained serious injuries during the assault.
Additional Public Prosecutor Vijay M Mundhe examined 14 witnesses during the trial, the news agency reported.
After reviewing the evidence, the court pronounced Paswan guilty, but acquitted six others, hailing from Uttar Pradesh and Bihar, citing insufficient evidence.
(with PTI inputs)
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