Italians acquitted of murder

“The courts below have not properly appreciated the evidence and the gap in the chain of circumstances sought to be established by the prosecution. The courts below have ignored the importance of best evidence i.e. CCTV camera in the instant case and also have not noticed the absence of symptoms of strangulation in the medical reports,” said the bench, also comprising Justices Kurian Joseph and R Banumathi.

It added: “The circumstances and the evidence adduced by the prosecution do not form a complete chain pointing to the guilt of the accused and the benefit of doubt is to be given to the accused and the conviction of the appellants is liable to be set aside.”

Francesco Montis, 28, was found dead in February 2010 in a hotel in Chetganj locality of Varanasi. His body was recovered from the hotel room which he shared with his two friends, Bruno and Boncompagni — both in their 30s. The trial court had in 2011 sentenced Bruno and Boncompagni to life imprisonment and the High Court later upheld it.

According to the prosecution, a love triangle was behind the murder. Montis allegedly loved his woman friend Boncompagni. However, as she and Tommaso were in mutual relationship, they killed Montis.

Montis, Boncompagni and Bruno worked in a hotel in London. They had come to Varanasi as a part of their India tour. While Montis was a drummer in the hotel, Bruno worked as a waiter and Boncompagni as a receptionist.

The apex court, in its judgment, noted that non-collection of CCTV footage, incomplete site plan, non-inclusion of all records and SIM details of mobile phones seized from the accused were instances of faulty investigation and would amount to withholding of best evidence. It further nixed the theory of love triangle behind the murder, saying there was nothing on record to suggest this as a motive.