The Bombay High Court on Thursday acquitted a man sentenced to death,holding that the police had failed to prove the case against him. Sandeep Maingude (31) was found guilty by the trial court of murdering a senior citizen couple Dilip Randheri (73) and his wife Varsha (71) in Santacruz on February 18,2007. Observing that he had killed the aged couple and burned their bodies in their house,the trial court had handed out the capital punishment to Maingude,who had been the couples domestic help for 13 years. While the death sentence was referred to the High Court for confirmation,Maingude had filed a separate appeal against his conviction. He had been in jail since his arrest from Ratnagiri on February 18,2007. The police had stated that some jewellery was recovered from him at the time of arrest and he also had a burn mark on his hand. Maingude used a kitchen knife to stab Dilip and Varsha. He then poured kerosene over the bodies and burnt them, Additional Public Prosecutor Y S Shinde said. Maingudes lawyer,Khan Abdul Wahab,said none of the neighbours had seen any smoke coming out the Randheri residence on the day of their death,believed to be February 15. Wahab also pointed out to the court that the prosecution had not been able to prove which substance was used to burn the bodies. Pointing out further technical lapses in the prosecutions case,Wahab said no panch witnesses from Ratnagiri were examined by the prosecution. Observing that there was lack of evidence to prove that the gruesome murder was committed by Maingude,Justice B H Marlapalle and Justice Abhay Thipsay allowed the appeal filed by Maingude. Setting aside the conviction and death sentence handed out to him,the court ordered his release from prison.