80-yr-old murder convict acquitted

Aurangabad: The Aurangabad bench of the Bombay high court on Wednesday acquitted an 80-year-old man arrested in 2016 on charges of culpable homicide not amounting to murder.

The deceased, Limbaji Waghmare, also an elderly man, was hit brutally with sticks and wooden logs by the convict — Ramchandra Yalappa Dhotre — for not sharing a ‘bidi’ on December 31, 2015.

Waghmare was treated by a doctor at home who had stitched his wounds and gave medicine. However, on January 4, 2016, Waghmare requested his wife Vimalbai (60) that he should be taken to a hospital at Aashti in Partur. But when he reached the hospital he was declared brought dead.

Following a complaint by Vimalbai on January 5, 2016, the police had arrested Dhotre. After considering the evidence on record, the trial judge had held the Dhotre guilty of committing offence punishable under section 304 Part II of Indian Penal Code and sentenced him to five-year rigorous imprisonment along with a fine of Rs 5,000.

The trial court had acquitted the accused of the offence punishable under Section 302 and 504 of Indian Penal Code and section 3 (2) (v) of the Atrocities Act.

Dhotre approached the high court through lawyers V D Solanke and S G Bobade, challenging the trial court verdict and the matter came up for hearing before justice Vibha Kankanwadi.

While allowing the appeal Justice Kankanwadi observed: “The conclusion drawn by the learned additional sessions judge that, the case is covered under 304 Part II of the Indian Penal Code i.e. culpable homicide not amount to murder, is totally wrong. The judge has totally misinterpreted and has not appreciated the evidence in proper perspective. The evidence adduced by the prosecution was not sufficient to prove the charge levelled against accused, much less culpable homicide not amounting to murder, beyond reasonable doubt. The conviction awarded to the appellant therefore deserves to be set aside. He deserves to be acquitted.’’