A Thane court acquitted the man stating that the prosecution failed the ‘Panchsheel test’ for circumstantial evidence. Despite 12 witnesses and forensic findings, gaps in the chain of evidence and possible third-party involvement led the court to give the accused the benefit of doubt
The prosecution highlighted that the accused was allegedly the last person seen with the victims. Representational image
A man was acquitted in a double murder case by a Thane court which observed that the prosecution failed to meet the 'Panchsheel test' for convictions based on circumstantial evidence, news agency PTI reported.
“The test requires that each circumstance be fully established, facts be consistent only with the accused's guilt, circumstances of a conclusive nature, exclusion of all other hypotheses and a complete chain of evidence," the Thane court emphasised.
While granting bail to Kallu Raju, alias Mahabharat Yadav, Additional Sessions Judge VL Bhosale, in the order of August 19, gave the benefit of doubt to the accused, who was a waiter at a bar. According to PTI, the court said that the prosecution failed to establish a complete and conclusive chain of evidence.
Yadav was accused for destroying evidence and other offences after a case was registered against him on June 5, 2020, following the discovery of two bodies. He was put on trial for the alleged murder of manager Harish Shetty and cleaner Naresh Pandit. It was alleged that the accused drowned the bodies in the underground water tank of the bar he worked at.
During the COVID-19 lockdown, the accused had been residing at the hotel along with the victims, as per the prosecution, which relied heavily on circumstantial evidence and presented 12 witnesses to support its claims, PTI reported.
The prosecution highlighted that the accused was allegedly the last person seen with the victims. They also mentioned that a mobile phone and spade were also recovered based on his disclosure and that he had absconded following the incident.
While the medical testimony from Dr Rahul Jedge confirmed the deaths were homicidal, caused by multiple chop wounds consistent with a sharp-edged weapon, under cross-examination, he conceded the injuries could have been inflicted by more than one person, weakening the prosecution's theory.
The five-day gap between the victims being last seen and the discovery of their bodies undermined the "last seen" theory, leaving room for third-party involvement.
Two arrested in Delhi for stabbing government liquor shop employee
Two men have been arrested for allegedly stabbing a 42-year-old employee of a government liquor shop in northwest Delhi’s Bharat Nagar area as part of a conspiracy stemming from personal enmity, police said on Monday.
According to officials, on August 31, a PCR call alerted police about 10–12 men who arrived on scooters and attacked a liquor shop staff member with knives before fleeing the spot. Police rushed to the scene and found the victim, identified as Gyan Pal Singh, a resident of Shastri Park, grievously injured. He was immediately taken to hospital.
“As the victim was unfit to give a statement, police recorded the version of shop manager Yatish Kumar (52) and registered a case of attempt to murder at Bharat Nagar Police Station,” said Deputy Commissioner of Police (Northwest) Bhisham Singh.
During the probe, investigators used technical surveillance and local informers to track down two suspects — Akbar (27) and Rehan (19), both residents of Wazirpur.
During interrogation, the duo allegedly disclosed that a local property dealer named Hunny had called them to his office in Bunkar Colony, where he and several men from Jahangirpuri conspired to kill Singh, with whom Hunny had an old enmity.
Police said Hunny, who already faces a murder case, had previously threatened Singh several times, demanding that he disclose the names of those who had allegedly assaulted his brother last year.
(With inputs from PTI)
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