Holding that the prosecution had miserably failed to prove its case, the Bombay High Court has acquitted two men from the charge of murdering an elderly member of a family which employed them as domestic servants.
In 2006, Sunil Rana and Rudhirkumar Panda were sentenced to life imprisonment by a trial court for the murder of a woman. They were also given seven-year rigorous imprisonment for robbery (Sec 294 IPC) and causing hurt during the course of committing the offence (Sec 394 IPC).
The duo had filed an appeal against the order in the High Court.
Justices P D Kode and V K Tahilaramani observed that there was no eye-witness in this case, which was based entirely on circumstantial evidence.
The evidence pertaining to the recovery of stolen articles from the accused raised doubts and, hence, the convicts were being acquitted, the judges noted in their order on April 1.
Accordingly, they acquitted Rana and Panda from all the charges. Both had spent about six years in jail and were ordered to be released unless it was needed in other cases.
The duo worked in the home of Kashi, who was staying with his parents in suburban Bandra. In 2003, Kashi found his mother lying unconscious at home with a 'dupatta' tied around her mouth and nose. She was taken to hospital where she was found dead. The two men were immediately arrested.
As regards finger prints of the convicts found at some places in the house, the court held that this evidence cannot be relied upon because both were employed as servants, hence their finger impressions were bound to be found at various spots.
About the evidence given by a watchman that he had seen the duo running away after the incident, the court opined that this did not support the prosecution's case because it had happened late in the night.
The watchman had told the court he had seen them from a distance and they were facing the other side.
