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NEARLY 20 years after a trial court in Pandharpur held two persons guilty of murder,the Bombay High Court recently acquitted them of the charge,observing that there was inadequate evidence against them.
Ramdas Kokate and Sadhu Kokate were convicted by the Additional Sessions Judge,Pandharpur,for the murder of Wamanrao Patil and sentenced to rigorous imprisonment for life. The incident took place in March 1991.
According to the prosecution,Patil had earlier expressed suspicion that the death of an acquaintance named Jagannath Kokate was not natural. Kokate had died in January 1991. The police claimed that Kokates relatives,in turn,suspected that Patil had killed him. In March the same year,Patil was allegedly assaulted and succumbed to injuries.
Setting aside the order of the trial court,the Bench of Justice V M Kanade and Justice M L Tahilyani opined that it had erred in relying on the statements of two police constables,who had recorded the statement of the deceased. The Bench noted that the both the policemen,during cross-examination,had admitted that they had not named the two accused in their statements,which were recorded. The court also observed that no eyewitnesses were examined by the prosecution in support of its case.
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