April 18, 2021 10:36:55 pm
A session’s court, in a recent order, acquitted gangster Uday Pathak, booked on charges of attempting the murder of a co-accused turned approver in the 2011 Kurar quadruple murder case at the court premises in 2017. Pathak was cleared of the charges after the man, who was alleged to have been attacked in the Mumbai city civil and sessions court corridor, turned hostile.
Pathak is facing multiple cases in the city, including one for his alleged involvement in the murder of four men in June 2011, after their partially charred, naked bodies were found in Kurar in North Mumbai. Kalpesh Patel, one of the accused, had sought to become an approver against Pathak and other co-accused. On June 8, 2017, Colaba police claimed Pathak was brought along with other undertrials to the sessions court for their trial hearing. It was claimed that Pathak had assaulted Patel in the corridor outside court room number 17 with an iron sheet, injuring his right cheek. Police also claimed Pathak had assaulted the accompanying policemen in the scuffle that took place afterwards, causing damage to one personnel’s spectacles and uniform.
During the trial, Patel told the court somebody assaulted him on his face, but did not identify the person to be Pathak. The prosecution declared him hostile, as his initial statement to police was that Pathak had attacked him with an iron sheet. The prosecution had said the scuffle came after Patel’s plea to turn approver in another case.
The court said that apart from one police constable, who said he had seen Pathak attack Patel, no other witnesses, including other policemen present at the spot, have deposed about the injuries suffered by Patel, but did not see Pathak assault him.
“On scrutiny of entire evidence on record, it appears to me that the injured P.W.6-Kalpesh Narendra Patel has himself turned hostile. It is pertinent to note there is no evidence on behalf of the prosecution that at the time of the incident, the accused assaulted and used criminal force to police officers…while they were discharging their duties as public officers. Moreover, there is no evidence on record to show that the accused voluntarily caused hurt to the police officers…” the court said.
Pathak was acquitted on charges under IPC sections 307 (attempt to murder), 352 (assault or criminal force on public servant discharging duty) and 332 (voluntarily causing hurt to any public servant). However, he will continue to remain in jail for the Kurar murder case. He also faces over ten other cases, including a case registered last year of being involved in an extortion call and a firing incident at Malad at a medical shop and a jewellery store.
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