Post by : Bianca Qureshi
In a rare development, a sessions court in Thane district has acquitted five men accused of a murder that took place over three decades ago. The judgment, delivered on September 26 by Additional Sessions Judge P.F. Sayyad at Kalyan, highlights how the passage of time can weaken the legal process.
The case dates back to December 16, 1992, when Lucky Premchand Bhatia was allegedly attacked with sharp weapons at Samrat Ashok Nagar, leading to his death. Suresh Dinanath Upadhyaya, Gautam Mahadev Gaikwad, Mohiddin Siddique Khan, Kanahayya Basanna Koli, and Kumar Chetumal Nagrani were charged with the crime.
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The trial faced numerous hurdles due to the long delay. All five accused, who had been granted bail, were reportedly absent for extended periods, prompting the court to issue non-bailable warrants and a proclamation order as recently as September 2024.
Judge Sayyad noted that key evidence was either missing or in poor condition. Crucial documents, including witness statements and the chargesheet, were found torn, while the postmortem report could not be located. The prosecution managed to produce only two witnesses, one of whom was considered unreliable due to Parkinson’s disease.
Citing the inability of the prosecution to prove the case beyond a reasonable doubt, the court acquitted all five accused. The ruling underscores the challenges faced by the justice system in cases that stretch over decades, where evidence deteriorates and memories fade.
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