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Court acquits family of murder charges

Calling an incident of murder a “justifiable act”,a sessions court has acquitted a family of five charged with assaulting and killing a person and seriously injuring his family members.

Written by Sukanya Shetty | Mumbai | October 1, 2011 1:41:22 am

Calling an incident of murder a “justifiable act”,a sessions court has acquitted a family of five charged with assaulting and killing a person and seriously injuring his family members.

Two families living in a transit camp of Dharavi slums —the Walawalkars and the Naidus — had a long-drawn fight over Rs 2,000. A case was registered against the Walawalkars for assaulting the Naidu family and killing one Anabu Naidu in the scuffle.

Sessions Judge S A Deshmukh observed,“It is proved beyond doubt that the accused killed Anabu,but the act is justifiable. The extreme act of killing was done as a right of private defence.”

According to the prosecution,Chand Naidu had borrowed money from his neighbour and childhood friend Anand Walawalkar in 2008 and failed to return it for over a year. On May 7,2009,at midnight when Chand was returning home,he was accosted by Anand and his brother Amar,who allegedly demanded the money back. Chand sought more time to repay the amount but Amar and Anand allegedly assaulted him.

Hearing Chand shouting for help,his cousin Anabu,Munnu Durai,Babu,mother Parvati and neighbour Anna Malai came to the spot. Amar and the rest of Anand’s family— Kiran and Ravi —also intervened. Later,Kiran’s sister Pooja too had come to the spot,trying to appease them.

The prosecution claimed the deceased had allegedly attacked Pooja and tried to outrage her modesty. Two different cases were registered against both the families,but was tried together at the court. The prosecution claimed this angered Amar and Anand,who went ahead with assaulting Anabu. The medical report said Anabu was assaulted on the head with a sharp weapon. Anabu was declared dead at the local civic hospital. While the Walawalkars were charged for murder,causing grievous hurt and conspiracy,the Naidus were charged for causing grievous hurt.

Observing that Anabu was the main reason for the aggression shown from both the parties,the court observed,” Anabu outraged the women of the accused’s family.” Defence lawyer Abdul Wahab Khan,representing the Walawalkar’s said,”The act was done in a fit of rage. It was Anabu’s act that triggered the fight.”

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