Wife only eyewitness, driver gets life term for killing brother
Pune: Additional sessions judge Prabhakar P Jadhav on Friday convicted and sentenced a driver to
life imprisonment
and fined him Rs1 lakh for bludgeoning his jobless brother to death over a domestic dispute in 2020, relying on the evidence of his wife — the lone eyewitness .
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Ratnamala, the mother of the convict, Nilesh Borkar (27), was an eyewitness to the murder of her elder son, Mangesh. But she turned hostile. The prosecution's case received a major boost when Ratnamala's daughter-in-law, Shweta, appeared before the court at the end of the trial and deposed against her husband, Nilesh, a resident of Konde Vasti in Uruli Devachi.
Judge Jadhav observed in his judgment that Shweta, being an eyewitness, confirmed that Nilesh intentionally caused the death of his elder brother, Mangesh, beyond reasonable doubt.
Her evidence corroborated with her mother-in-law Ratnamala's complaint, he said.
The prosecution claimed that Nilesh had hit Mangesh with a stone girder on his head, killing him instantly on January 19, 2020. The Loni Kalbhor police had arrested Nilesh the next day.
Additional public prosecutor Namdev Taralgatti examined nine witnesses, including Ratnamala, to prove the guilt of Nilesh, but Ratnamala refused to depose against her son.
Taralgatti sought the assistance of pairvi officer Lalita Kanawde from the Loni Kalbhor police to secure Shweta's presence before the court because her name appeared in the case papers, but the investigating officer did not record her statement. Her whereabouts were unknown since the murder.
Taralgatti said Kanawde analysed Nilesh's criminal antecedents, traced Shweta to her parents' place in Solapur and secured her presence before the court.
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Kanawade convinced Shweta to give evidence, leading to the conviction of her husband, Nilesh.
He said Shweta could have turned hostile like her mother-in-law, but she fearlessly deposed against her husband because her conscience was alive. Her presence was secured before the court under Section 311 (power to summon witness) of the Criminal Procedure Code, Taralgatti added.
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