The Bombay High Court has directed that recording statement of the accused under Section 313 of the Criminal Procedure Code (CPC) in the murder case of Congress leader Pawanraje Nimbalkar in 2006 be deferred till the next hearing.
One of the accused in the case is NCP leader Padamsinh Patil, who, it is alleged, had given orders for Nimbalkar’s murder owing to their political rivalry.
An application was moved by Nimbalkar’s wife Anandidevi Nimbalkar challenging the order of the sessions court exempting social activist Anna Hazare from being examined as a prosecution witness. Earlier, an application was filed by the CBI before the trial court seeking examination of witness Hazare, to prove the motive of the crime.
The trial court, however, rejected the application stating that the prosecution may skip Hazare’s examination.
CBI counsel Hiten Venegaonkar argued in the High Court that Hazare is an important witness because he specifically stated the motive and conspiracy to eliminate Nimbalkar. Venegaonkar added that according to the chargesheet, only because Hazare and Nimbalkar were trying to uncover the corruption deeds of Patil, the conspiracy to kill Nimbalkar and Hazare was hatched.
Justice Prakash D Naik, in his order, said: “Taking into consideration the issues involved in the matter, the trial Court is directed to defer the recording of statement of the accused under Section 313 of Criminal Procedure Code, till the next date of hearing.”
The High Court will hear the case on June 27.