13 years on, court acquits three accused in murder case

Thane: A court here has acquitted three persons accused in a case of murder in 2011, noting there were discrepancies in the witness’s account about the sequence of events.

Principal District and Sessions Judge S B Agrawal, in the order passed on January 3, highlighted several inconsistencies in the prosecution’s case, that led to the acquittal of the accused.

According to the prosecution, the accused fatally attacked Iqbal Yasin Pathan with a sharp weapon over a personal dispute at Kalwa in Maharashtra’s Thane district on July 7, 2011.

Based on a complaint by the deceased’s brother, Rafique Yasin Pathan, the police registered an FIR against five persons on charges of murder, unlawful assembly and other offences.

While two of the accused in the case were acquitted in 2012, the trial against Alamgir Makbool Shaikh (32), Chetan Ashok Shinde (35) and Dasha alias Dashrath Bhagwan Dandage (41) was delayed as they had been absconding.

They were later apprehended, and the trial resumed in 2016.

Judge Agrawal highlighted several inconsistencies in the prosecution’s case while acquitting Shaikh, Shinde and Dandage.

“The statement of a crucial witness was recorded after a delay of 10 days, and no justification for this delay is borne out on the record,” he said.

The court also said that despite allegations of a knife assault on a witness, “there is no medical evidence to support the version of this witness.” The court noted discrepancies in the witness’s account, particularly regarding the sequence of events.

It also pointed out that the witness (who alleged assault) did not seek medical attention or provide physical evidence, such as a blood-stained shirt, which weakened the prosecution’s case.