In a dramatic turn of events, the Bombay High Court has overturned the guilty verdicts of five people who were previously found guilty in a murder case from 2017 in Nashik. The original decision had sentenced them under various sections of the Indian Penal Code, but the appeals court found significant problems with the initial trial.
On the night of August 17, 2017, a fight in front of Happy Games Zone, Kala Nagar, Nashik, turned deadly. Nikhil More was attacked with a sickle by John Kajale and others, according to what the prosecutors said. The incident also involved gunfire and resulted in injuries to two people who saw what happened, Suraj Khode and Amol Nikam.
"John Kajale... gave two to three blows using a sickle on the head of Nikhil More..."
The trial court had found John Kajale and the other accused guilty based on the statements of the injured eyewitnesses, even though their stories didn't match up. The court found the evidence of another eyewitness, Sachin Kadam, unreliable, which weakened the case against the accused.
The appeals, heard by Judges Manish Pitale and Manjusha Deshpande, highlighted several problems with the initial trial. The recovery of weapons was not proven, and the ballistic report was negative. The court noted that the eyewitnesses acted strangely, as they failed to identify the attackers right after the incident.
"The ordinary course of human conduct would expect the aforesaid injured witnesses... to have immediately informed the Police..."
The appeals court found significant problems in the prosecution's case. The absence of independent witnesses, the failure to seize CCTV footage, and reliance on statements from friends of the deceased raised doubts.
"The prosecution failed to examine Gorakh Nathe... and the Maruti car was also not seized."
The appeals court decided that the evidence was not strong enough to keep the guilty verdicts, leading to the acquittal of all appellants, including John Kajale. The court emphasized the need for supporting evidence, which was missing in this case.
"Any doubt in such matters must accrue to the benefit of the accused."
The judgment highlights the importance of thorough and reliable evidence in criminal cases, showing how mistakes in the process can greatly affect the outcome of a case. The appellants, who have been in jail since the trial, are to be released unless they are needed for other cases.
