Two acquitted in BPT employee murder case

Two persons from Maharashtra's Dhule district, accused of murdering a Bombay Port Trust (BPT) employee here in 2011, have been acquitted by a local court.
Thane Additional Sessions Judge V K Shewale set free Vijay Dagaji Pagar, 38 and Rajkumar Mahangya Salunke, 32 after prosecution miserably failed to prove the charges against them under sections 302, and 323 rw 34 of the IPC, yesterday.
The prosecution in its submission told the court that victim Deepak Patil, had on March 28, 2011 gone along with his friends for a marriage at CST and later decided to go for a booze party in a restaurant there.

After the party was over, they came to Thane and once again drank silly at Vartak Nagar and thereafter consumed liquor for the third time at the Gopalashram Bar and Restaurant
around midnight.
At the bar, the victim, an employee with BPT, had a tiff over a petty issue with both the alleged accused after which the trio left the place.

Next day, the victim was found dead in a toilet of a petrol pump nearby following which Wagle Estate police here registered a case of murder against the accused duo.
In his judgement, referring to the multiple times the victim had boozed and the medical officer who conducted the postmortem stating absence of alcohol, Shewale observed, "the medical officer did not find alcohol content in the body of the deceased. Likewise, she did not find any food content with aggressive odour in the stomach of the body though she had conducted the autopsy on 29/3/11 in between 3.50-4.50 pm. Her evidence is thereby unworthy of credence.

Hence, under such circumstances considering the admission of the MO, all the external and internal injuries suffered by Deepak Patil can be sustained due to abrupt falls on stony, rough, hard and blunt object under intoxication. Hence, by no stretch of imagination the above said injuries can be said to be homicidal."
Thus from the evidence its clear that the death of Patil had taken place due to injuries suffered on his own accord, due to frequent falls under influence of alcohol, the court said.
The judge further rejected the identification parade conducted by the Nayab Tehsildar, after it came to light that the official had taken help from the Jailor for the same which is prohibited under law.

Also, report on analysis of sample of blood, nail clippings and hair of the deceased and the accused, has not been placed on record due to negligence of P I Jawale and his successor at Wagle Police Station Thane. Hence, on this premise also, the accused cannot be said to be the author of injuries suffered by Patil, the court said.
Hence, for want of legal and credible evidence, the judge gave the benefit of doubt to the two accused and acquitted them.