After decade in jail,HC thinks trio innocent

Bharatiya according to the police was the one who led them to the vest which was found near a temple and had blood stains on it. These blood stains matched the blood on the trousers worn by the deceased. While the three who rented the premises were absconding,charges of murder were framed against Bharatiya,Singh and Mataru.

Their lawyers Arfan Sait and Indrajeet Joshi told the court that there is absolutely no motive attributed to the accused for committing the murder. “It appears that the police did not carry out any investigation regarding things found at the scene of offence,namely the local (train) ticket and house-hold articles,” Justice DB Bhosale and Justice UD Salvi observed.

The court also said that while the owner of the tenement could tell the court who he rented the premises out to,he could not say anything about the day they were rented out or how the body of the deceased came into the room. Regarding the recovery of the stained vest,the judges observed,“…the discovery was made from the open place near a temple. What disclosure the accused (Bharat had made) at the time of memorandum remains a mystery…”

“ In the result,it cannot be said with certainty that the appellant accused and none else had committed murder of Raju”. The prosecution case must,therefore,fail,” the court held and ordered the release of the accused earlier sentenced to life imprisonment by the trial court.