According to the prosecution, the accused, Jagdish alias Yagdev Bhikho Mahato (54), allegedly assaulted Jabbar Abdul Rehman Malgudkar with a sharp weapon on his head and hand in Kopri area of Maharashtra's Thane city on November 3, 2022
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A Thane court has acquitted an auto-rickshaw driver in a case of attempting to kill a man in 2022, noting the prosecution failed to prove the events leading up to the assault, leaving the "genesis of the incident" shrouded in doubt, reported news agency PTI.
Principal District and Sessions Judge, Thane, S B Agrawal, observed significant discrepancies between the initial First Information Report (FIR) and the victim's testimony in court, reported PTI.
A copy of the order dated October 15 was made available on Sunday.
According to the prosecution, the accused, Jagdish alias Yagdev Bhikho Mahato (54), allegedly assaulted Jabbar Abdul Rehman Malgudkar with a sharp weapon on his head and hand in Kopri area of Maharashtra's Thane city on November 3, 2022, reported PTI.
An FIR was subsequently registered against the accused on various charges, including attempt to murder and illegal possession of a weapon.
The victim, who knew the accused from his auto washing centre, testified that the two had gone out for breakfast before returning to the accused's house. While the victim was lying on the bed watching a cricket match on his mobile phone, the accused suddenly went to the kitchen, returned, and assaulted him, reported PTI.
Judge Agrawal, however, observed that the FIR mentioned a prior dispute, claiming the accused was angry because the victim had refused to give him a gold chain and Rs 10,000 -- details the victim suppressed during his court evidence.
The court also found the sequence of events presented by the prosecution implausible.
"It is highly unpalatable that after happily having breakfast together and coming to the room, what suddenly happened that the accused assaulted the victim is not borne out. This certainly creates doubt about the genesis of the incident," it said, reported PTI.
Further weakening the case, evidence from neighbours contradicted the victim's account, and the medical certificate indicated three simple injuries, complicating the charge of attempted murder.
"Thus, considering the fact that the genesis of the incident is not properly made out. it does not appear to be safe to conclude that the prosecution has proved the guilt of the accused beyond a reasonable doubt," the court said, reported PTI.
(With inputs from PTI)
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