Sessions Court, Nagpur presided over by Shri Ghuge has acquitted accused Anand Kuril, Akshay Nimje and Chagan Paunikar.
They were prosecuted for the alleged offence punishable U/s 302, 34 OF IPC R/w sec 4, 25 of Arms Act R/w Sec 135 of Bombay Police Act Code vide Crime No.474/18 registered by the Tahsil Police Station, Nagpur on complaint of one Rahul Shailesh Dhuriya.
The case of prosecution was that, on 15-09-18, Complainant Rahul Dhuriya who is the brother of deceased has lodged the police complaint at Police Station Tahsil that, one Irfan ali telephoned him and informed him that, someone has assaulted his brother Ram Dhuriya and he has been brought to MAYO Hospital for treatment. When complainant had been to meet the deceased at the hospital, deceased has alleged to have given oral dying declaration that, on 15-09-18 at 9.45 am when he had been to Gitanjali Chauk he was assaulted by Anand Kuril, Akshay Nimje and Chagan Paunikar. It is further alleged that, it has been alleged that accused Chagan Paunikar had caught hold of deceased while Anand and Akshay assaulted him by means of knife and stone. Ram Dhuriya was taken to Mayo Hospital, nagpur. Where he was declared dead. Deceased Ram Dhuriya had suffered various stab injuries on his Chest and stomach. He has further suffered lacerated wound on his head.
In order to prove its case, prosecution had examined 17 witnesses including eye witnesses Bhavesh Khandwani and Pradip Ramteke. Bhavesh Khandwani and Pradip Ramteke had deposed that, they had seen the incidence of assault on Ram Dhuriya at the hands of Anand Kuril, Akshay Nimje and Chagan Paunikar. Complainant Rahul Dhuriya had deposed that, at Mayo Hospital deceased Ram had given him dying declaration that, on 15-09-18 at 9.45 am when he had been to Gitanjali Chauk he was assaulted by Anand Kuril, Akshay Nimje and Chagan Paunikar.
Defence has challenged the testimony of eye witnesses Bhavesh Khandwani and Pradip Ramteke on the ground that both of them were got up witnesses and there were not reliable witnesses. It was further argued that, none of them had actually witnesses the incidence. Defence had further challenged testimony of Complainant Rahul Dhuriya on the ground that, no oral dying declaration was made to him.
Ultimately considering the entire evidence on record, defence of the accused prevailed and same was accepted by learned Judge Shri Ghuge sir and all the accused were aquitted of the charge of murdering Ram Dhuriya.
Adv Mir Nagman Ali appeared for Anand Kuril, Akshay Nimje and Chagan Paunikar.
