Two brothers have been acquitted of the charges of killing a woman by the Thane district court here.
Additional Sessions Judge H M Patwardhan, while passing the judgement on February 10, cited lack of evidence and acquitted the duo, identified as Krishna Janu Kamadi (35) and Jagan Janu Kamadi (25).
The Public Prosecutor told the court that the accused, their father Janu Dadu Kamadi, and the deceased woman Rami Mali were neighbours in Nyahale village of Jawhar taluka in the district.
On the intervening night of February 16-17, 2014, the trio brutally killed Rami Mali using stones and threw the body in a well in the village to destroy evidence, the PP said.
Based on a complaint by the victim's husband, the two brothers and their father were booked under sections 302 (punishment for murder), 201 (causing disappearance of evidence of offence, or giving false information to screen offender) and 34 (acts done by several persons in furtherance of common intention) of the IPC in August, 2014.
It was alleged that the trio killed the woman over a dispute for ancestral property.
In the course of the trial, Janu Dadu Kamadi died, thus leading to closure of the case against him.
Nothing incriminating was found against the accused in the investigation. Further, the documented findings of the police were not admissible as evidence under the Indian Evidence Act, the court noted, adding there cannot be multiple interpretations of the section 27 of the Act.
The defence counsel argued that enmity over ancestral property does not necessarily mean that the accused would commit such an offence. He said there is nothing on record that connects the accused with the crime.
The court observed that the prosecution could not establish the connection between the accused and the crime or prove any common intention to kill Rami Mali. Hence, there is no question of causing the evidence to disappear, it was stated.
The evidence furnished by the prosecution is insufficient, inconsistent and unreliable, the judge said, adding it cannot be the ground for conviction.
Stating that the prosecution had failed to prove the charges levelled against the accused duo, the judge acquitted them of all charges.
