
A court in Maharashtra`s Thane district has acquitted a 28-year-old man accused of killing his brother-in-law in 2023, giving him the benefit of doubt after the prime witnesses in the case turned hostile, reported news agency PTI.
Although documents such as the postmortem report confirmed the death was due to hemorrhagic shock from a stab wound, the court noted this could not independently establish the guilt of the accused without substantive witness support.
The prosecution “miserably failed to prove its case beyond reasonable doubt,” Additional Sessions Judge, Kalyan court, S G Inamdar said in the order on May 19, a copy of which was made available on Saturday, reported PTI.
As per an FIR registered on May 4, 2023, Ramesh Velswami Tevar, a resident of Khambalpada in the Dombivli area, fatally stabbed his sister`s husband Marikani Ramaswamy Tewar in the chest with a knife in a chawl (row tenement) following a dispute earlier that day, according to the PTI.
The accused was arrested on May 5, 2023, and remained in custody throughout the trial.
However, all three prime witnesses- the deceased`s wife Vijaylaxmi and her two more brothers – turned hostile during the trial.
Judge Inamdar observed, “The prosecution has to produce sufficient, cogent, reliable and trustworthy evidence… If the prosecution failed to prove beyond reasonable doubt the charges levelled against the accused, then the prosecution case will fail to prove his guilt,” as per the PTI.
Notably, Vijaylaxmi, in her deposition, denied witnessing the assault or that any quarrel had taken place between her husband and her brother. Her two brothers also disowned the version stated in the FIR.
Despite extensive cross-examination, the prosecution failed to extract any incriminating testimony. Although medical evidence confirmed the fatal stabbing, the court emphasised that without reliable eyewitness accounts, the prosecution’s case lacked strength, resulting in the accused`s acquittal due to insufficient proof.
“Whatever evidence tendered by the prosecution is inadequate and unreliable… Thus, no offences are proved against the accused beyond reasonable doubt,” according to the PTI.
The court ordered his immediate release, unless he was wanted in another case, the news agency reported on Sunday.
(With inputs from PTI)
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