In his order of June 19, a copy of which was made available on Friday, Additional Sessions Judge A N Sirsikar gave relief to Rahul Bharat Bhise (36) and Datta Bhujang Misal (39), who had been in judicial custody since their arrest soon after the crime
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A court in Maharashtra's Thane district has acquitted two men in a 5-year-old murder case, holding that the prosecution could not prove any of the circumstances necessary for conviction based on circumstantial evidence, reported news agency PTI.
In his order of June 19, a copy of which was made available on Friday, Additional Sessions Judge A N Sirsikar gave relief to Rahul Bharat Bhise (36) and Datta Bhujang Misal (39), who had been in judicial custody since their arrest soon after the crime, reported PTI.
The body of one Sagar Das with injuries was recovered in the Kashimira area in Thane district on September 28, 2019. The prosecution relied on circumstantial evidence, arguing that Bhise and Misal were last seen with him as the three had liquor the previous night. The victim's bloodstained clothes were recovered from the house of Bhise, it said, reported PTI.
However, Judge Sirsikar said these links in the chain of circumstances were not convincingly proved.
The Thane court said that prosecution witnesses, including Das's wife, mother-in-law and a neighbour, did not support the prosecution's version, reported PTI.
Though the prosecution produced CCTV footage showing the second accused allegedly purchasing liquor near the time of the incident, the footage was not shown to witnesses who could identify the accused, the Thane court said.
Moreover, the chemical analysis of the bloodstains found on Bhise's pants did not aid the prosecution. "The blood group of the deceased could not be ascertained," the judge said, reported PTI.
The Thane court also said that Das had a criminal past and had strained relations with several people.
"Therefore, the possibility that somebody else might have committed the murder cannot be totally ruled out," said Judge Sirsikar, acquitting the two accused, reported PTI.
Suspicion however strong can't take place of proof: Court; acquits woman in murder case
Meanwhile, a Thane court has acquitted a 36-year-old woman in a murder case of 2018, observing that while there were suspicions surrounding the accused, the prosecution failed to establish her guilt beyond reasonable doubt, reported PTI.
"Suspicion howsoever strong cannot take place of proof," Principal District and Sessions Judge S B Agrawal said in the order passed on Monday, reported PTI.
The circumstantial evidence presented by the prosecution was insufficient to prove that the accused was responsible for the murder, the court noted, reported PTI.
According to the prosecution, the woman had allegedly murdered him by strangulating him with a cloth, hitting on his private parts with a sharp weapon and assaulting him with a brick, reported PTI.
The decomposed body was found wrapped in a sheet inside a locked house at Sainagar on Ghodbunder Road in Maharashtra's Thane city by the landlord on March 19, 2018.
The woman was traced to Bengaluru after the incident. The deceased had earlier worked with the woman at a cycle store in Bengaluru and was later employed at a cycle shop in Thane's Kasarwadavli area.
The prosecution contended the two were in a relationship between 2016 and 2018, which eventually soured due to disputes over marriage.
(With inputs from PTI)
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