Sitting amid the blackened remains of his home, 32-year-old Nikesh Gawali carefully broke open a half-melted plastic box with a screwdriver. His hands shook slightly, not out of fear, but out of hope. “I’m trying to find my daughter Aarti’s gold earrings,” he said quietly, still focused on the box. “She’s just five. I got them made recently after months of labour work.” The plastic box, warped and blackened by heat, was one of the few things left from his two-room house on the outskirts of Dhamangaon village . All around him lay ash, broken tin sheets and charred wooden beams. The walls had cracked under the heat and the front room’s tin roof had caved in completely. What remained was a blackened debris all around - almost nothing to suggest a home once stood there. Nikesh earns his living as an agricultural labourer, like many in the village. Work is uncertain and depends on the season. Those earrings weren’t just jewellery - they were a small dream, a reward for his hard work,...
The Division Bench of the Bombay High Court-Nagpur on Friday pronounced the Judgment in the sensational murder case of Mohd. Irshad and allows appeal of accused in the case.
Mohd. Irshad and Mohd. Ejaz were attacked in Akola town in July 2012. Mohd. Irshad was succumbed to the injuries as he was inflicted with 43 lethal injuries. On the basis of complaint lodged by the Mohd. Ejaz, Mohd. Munaf, his real brother and cousins were arrayed as accused.
The four arrested accused were put to trail and two more accused also surrendered after some time and they were also tried in the same trial. The complainant side was represented by the battery of lawyers from Akola including Adv. Navrangabadi, besides the public prosecutor Vinod Fate. The prosecution examined several witnesses including four alleged eye-witnesses who all supported the prosecution and named all the accused and identified the accused before the Court.
The then Additional District & Sessions Judge Akola, V N Tambi held them guilty for murder and had convicted the accused and sentenced them to suffer Life Imprisonment on March 30, 2016.
The accused ultimately moved the High Court in an appeal after their final conviction and the accused contended that the versions of the alleged eye witnesses could not be relied upon and even the presence of the said witnesses on the spot was suspect. The Division Bench consisting of Justice B.R. Gavai & Justice Kum. I. K Jain held the accused to be not guilty of the offences and thus set aside the Lifer imposed upon them at Trial while allowing the appeals.
Adv. Avinash Gupta assisted by Adv. R.K Tiwari, Aakash Gupta represented the accused at the Trial as well as in the high court. Adv. M.J. Khan APP represented the State. The complainant was represented by Adv. R.J. Mirza.
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