HC sets aside state’s appeal in 1998 murder, acquits farmer

Aurangabad: Upholding the decision of a lower

court

in a two-decade-old case, the Aurangabad bench of the Bombay high court has acquitted a 41-year old man, who was in 1998 charged with murdering a fellow

farmer

over a

tamarind

tree’s ownership.

Turning down the appeal made by the state against the acquittal the lower court, the division bench of the HC comprising Justice SV Gangapurwala and Justice Mangesh S Patil ruled: “All in all, the evidence led by the prosecution is far from satisfactory and we find no hesitation in concluding that the learned Sessions Judge has correctly scanned the evidence brought by the prosecution and has reached a plausible conclusion in acquitting the accused. We find no reason much less sufficient enough to arrive at any different conclusion. The appeal is dismissed.”

Setting aside the testimony of the eye-witnesses produced by the prosecution, the HC observed that “it is highly improbable and therefore unbelievable that a person like the accused who had stabbed the deceased with a knife would remain present at the spot, even for a moment and would calmly go back to his home that too in presence of so many persons and family members of the deceased”. ‘

It added, “It is also improbable that family members of the deceased would have allowed the accused to just walk away from the spot after such gruesome incident. The learned Sessions Judge has correctly appreciated these facts and has rightly refused to rely upon this testimony.”

Sunil Sitaram Bankar, then 22 and a farmer by profession, resided in the neighbouring farm owned by Vinod, alias Machindra Baburao Bankar, and his family. The two families were at loggerheads over the ownership of a tamarind tree situated near the farmhouse of Vinod. Both the farmers are from village Jeur of Ahmednagar district.

The alleged incident took place on the evening of April 22, 1998, wherein Sunil objected to Vinod breaking tamarind from the disputed tree. This was followed by a heated argument, following which Vinod was stabbed several times.

After sustaining several stabs, Vinod was moved to the Ahmednagar civil hospital. A surgery was performed on him. But hours later, he succumbed to the injuries. Following this, a murder case was registered with the Ahmednagar MIDC police station.

Representing the accused, lawyer Naseem Shaikh contested that there has been material contradictions and inconsistencies in the evidence of the eyewitnesses which are sufficient to discard their testimonies. “All in all, the prosecution has miserably failed to bring home clinching evidence,” he said.

The prosecution heavily relied on the testimony of the three eye-witnesses, including some immediate family members of the deceased. Citing the testimony recorded by the key witness, the lawyer said he has stated that the accused then went to his house and to the hospital in a jeep along with the deceased.

The lawyer added the manner in which the accused had inflicted stabs on the deceased does not find corroboration in the medical evidence, making it evident that he was framed in the case and the lower court rightfully acquitted him.