MUMBAI: A man acquitted 12 years ago in a murder case only on defence witness account of alibi now has been directed by Bombay high court to surrender in 12 weeks, as it set aside the 2011 trial court order and sentenced him to life imprisonment. In 2007, a mob of 13 was accused of murdering Akhil Qureshi, whose brother-in-law had contested the Bhiwandi Nizampur municipal corporation elections.
on May 28, 2007 a day after the civic elections when counting was to take place, at 10.15 am Qureshi was riding pillion on a motorcycle with his friend when they were obstructed by the accused who threatened the friend and asked him to leave before “mercilessly” assaulting Qureshi leaving him with 23 external injuries as well as internal injuries caused by knives and choppers.
The trial court had on August 11, 2011, convicted Mohammed Salim Qureshi, main accused, who had contested the election against the victim’s brother-in-law and 11 others for the murder and conspiracy, sentencing them to life imprisonment. The accused number two, Gulamnabi Jalil Ansari, now 64, was acquitted of all charges by the trial Judge. During the pendency of appeal against conviction three accused died and the cases against them stood abated. Main accused and two others filed an appeal separately and their counsel Yug Chaudhary argued lack of evidence, while advocate Aamir Shaikh sought acquittal of the other convicts in appeal.
The state through additional public prosecutor Ajay Patil challenged the acquittal judgment. The sister of the victim, through advocate Chetan Agrawal also challenged Ansari’s acquittal. For Ansari, advocate Sanjay Patil argued that the acquittal was justified for want of evidence.
A bench of Justices AS Gadkari and PD Naik in a September 7 judgment, held that while acquittals are not easily be reversed unless the trial court has passed a perverse judgement, held that the trial court had displayed “complete non-application of mind. The acquittal verdict was “silent as to why” it believed the evidence of defence witnesses which ran counter to eye witness accounts, said the HC.
The HC analysing the evidence said the main accused was armed with a weapon, all the accused had gathered with a common object, and assaulted the victim. The HC said, “There is sufficient evidence to establish involvement of (Ansari) in the crime.” The HC said, “Findings of the trial court in acquitting (Ansari) are erroneous, perverse and contrary to the evidence on record” adding that the defence witness had deposed belatedly and given the “consistent evidence” of prosecution witnesses, based on which all others were convicted, the trial court ought not to have set Ansari free of all charges on grounds of his alibi.
on May 28, 2007 a day after the civic elections when counting was to take place, at 10.15 am Qureshi was riding pillion on a motorcycle with his friend when they were obstructed by the accused who threatened the friend and asked him to leave before “mercilessly” assaulting Qureshi leaving him with 23 external injuries as well as internal injuries caused by knives and choppers.
The trial court had on August 11, 2011, convicted Mohammed Salim Qureshi, main accused, who had contested the election against the victim’s brother-in-law and 11 others for the murder and conspiracy, sentencing them to life imprisonment. The accused number two, Gulamnabi Jalil Ansari, now 64, was acquitted of all charges by the trial Judge. During the pendency of appeal against conviction three accused died and the cases against them stood abated. Main accused and two others filed an appeal separately and their counsel Yug Chaudhary argued lack of evidence, while advocate Aamir Shaikh sought acquittal of the other convicts in appeal.
The state through additional public prosecutor Ajay Patil challenged the acquittal judgment. The sister of the victim, through advocate Chetan Agrawal also challenged Ansari’s acquittal. For Ansari, advocate Sanjay Patil argued that the acquittal was justified for want of evidence.
A bench of Justices AS Gadkari and PD Naik in a September 7 judgment, held that while acquittals are not easily be reversed unless the trial court has passed a perverse judgement, held that the trial court had displayed “complete non-application of mind. The acquittal verdict was “silent as to why” it believed the evidence of defence witnesses which ran counter to eye witness accounts, said the HC.
The HC analysing the evidence said the main accused was armed with a weapon, all the accused had gathered with a common object, and assaulted the victim. The HC said, “There is sufficient evidence to establish involvement of (Ansari) in the crime.” The HC said, “Findings of the trial court in acquitting (Ansari) are erroneous, perverse and contrary to the evidence on record” adding that the defence witness had deposed belatedly and given the “consistent evidence” of prosecution witnesses, based on which all others were convicted, the trial court ought not to have set Ansari free of all charges on grounds of his alibi.
