HC acquits 32-yr-old murder convict from Nashik: ‘Recovery of bloodstained clothes not enough evidence to sustain conviction’

Police had also submitted that Naikwade and another person took the victim to a school ground on a motorbike and beat him to death on the might of May 16, 2013.

The appellant, along with two other accused, were booked for murder and, thereafter, the sessions court convicted Naikwade. He challenged his conviction in the High Court through lawyer Aniket Vagal.

After perusing material on record and statements of witnesses, the bench observed that there was no recovery of a weapon from the accused, whereas medical reports stated that the injury to the deceased was caused by a stick and a sharp weapon. “It is unsafe to attribute injuries to the appellant, when it is the prosecution case that the accused has not used a weapon while beating the deceased,” the court noted.

The High Court also noted that the trial court acquitted the two other accused due to lack of evidence, and that the police did not file an appeal against that order. Stating that the evidence of eyewitnesses in the case was unreliable, the court noted, “The recovery of bloodstained clothes and evidence of last seen together will only give rise to suspicion about the complexity of the appellant in the crime.”

The court said the possibility of a false implication on account of political rivalry cannot be ruled out in the case. In view of this, the court said it was not possible for it to sustain the conviction only on the basis of recovery of bloodstained clothes and set aside the sessions court order.

Disposing of the plea, the bench ordered the appellant’s acquittal and directed police to release him unless he was required to be interrogated in any other case.