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News18
29-07-2025
- News18
Auto-rickshaw driver sentenced to 5-yr RI for brothers death after altercation
Last Updated: Thane, Jul 29 (PTI) A Thane court has sentenced an auto-rickshaw driver to five years' rigorous imprisonment after convicting him for culpable homicide not amounting to murder in connection with the death of his brother in 2021. Principal district and sessions court judge S B Agrawal also imposed a fine of Rs 1 lakh on the accused, Mahendra Sadashiv Kardak (59) in the order on July 25, a copy of which was made available on Monday. According to the prosecution, the accused stabbed his brother Anand Kardak and also injured the wife of his another brother with a kitchen knife following a property-related dispute at Wagle Estate in Maharashtra's Thane city on January 6, 2021. During the trial, the accused's counsel argued that he acted in self-defense. The court noted the victims had come to claim the property and apart from pushing, the accused had not attributed anything else to them. 'It is borne out from the material that the accused himself got a knife and assaulted both the victims," the judge observed. The accused 'can certainly be said to have been deprived of the power of self control by the sudden provocation, resulting him to proceed with the assault", the court said. There was no pre-meditation on the part of accused and certainly it was a sudden fight in the heat of passion upon a sudden quarrel," it said. 'There was no intention on the part of the accused of causing death or of causing such bodily injury as is likely to cause death. But certainly he had a knowledge at the time of assault about the same," the court said. In such circumstances, instead of offence under section 302 (murder) of the Indian Penal Code, the accused shall be liable to be convicted under IPC section 304 part II (culpable homicide not not amounting to murder), it said. The court acquitted the accused of the charge under IPC section 307 for attempt to murder his sister-in-law, the informant in the case. Although the doctor mentions that the informant was admitted in hospital for five days, neither the discharge papers nor treatment papers are produced on record, it said. 'Considering the overall history of the matter, an attempt to over implicate the accused cannot be ruled out. In such circumstances, it cannot be said that an offence under Section 307 (attempt to murder) of IPC has been made out beyond reasonable doubt," it said. The court directed that the fine amount of Rs 1 lakh imposed on the accused be paid to the immediate legal heir of the deceased upon due verification. PTI COR GK view comments First Published: July 29, 2025, 13:45 IST Disclaimer: Comments reflect users' views, not News18's. Please keep discussions respectful and constructive. Abusive, defamatory, or illegal comments will be removed. News18 may disable any comment at its discretion. By posting, you agree to our Terms of Use and Privacy Policy.
NDTV
26-06-2025
- NDTV
Thane Court Acquits Woman In 2018 Murder Case Citing Lack Of Proof
Thane: A Thane court has acquitted a 36-year-old woman in a murder case of 2018, observing that while there were suspicions surrounding the accused, the prosecution failed to establish her guilt beyond reasonable doubt. "Suspicion howsoever strong cannot take place of proof," Principal District and Sessions Judge S B Agrawal said in the order passed on Monday. The circumstantial evidence presented by the prosecution was insufficient to prove that the accused, Ruma Begam Anwar Hussain Lashkar, was responsible for the murder, the court noted. According to the prosecution, the woman had allegedly murdered Kabir Ahmed Lashkar by strangulating him with a cloth, hitting on his private parts with a sharp weapon and assaulting him with a brick. The decomposed body was found wrapped in a sheet inside a locked house at Sainagar on Ghodbunder Road in Maharashtra's Thane city by the landlord on March 19, 2018. The woman was traced to Bengaluru after the incident. The dead had earlier worked with the woman at a cycle store in Bengaluru and was later employed at a cycle shop in Thane's Kasarwadavli area. The prosecution contended the two were in a relationship between 2016 and 2018, which eventually soured due to disputes over marriage. The case, based entirely on circumstantial evidence, leaned heavily on mobile call data records (CDRs) and statements of the house landlord and his wife. While the prosecution asserted that the accused woman had travelled from Bengaluru to Thane and was seen with the dead , the court noted the lack of corroborative evidence like motive, eyewitnesses and reliable identification procedures. The judge observed there was no test identification parade conducted, and after almost six years, for the first time, the landlord identified the accused woman before the court. He also noted that the forensic analysis showed human blood on items like a knife, underwear, brick and bed-sheet, but none of these were directly linked to the accused. "Suspicion howsoever strong cannot take place of proof," the judge said. "Even if all the aforesaid evidence is taken into consideration and accepted as it is, what is at best made out is that the accused was seen by the landlord and landlady with the dead once, and there is evidence of CDRs which show that there were calls on the mobile number of the dead on two particular numbers that were purportedly used by the accused at the relevant time," he said. It cannot be said that the prosecution has been successful in bringing home the guilt of the accused beyond reasonable doubt, the court observed. Hence, the accused is acquitted for commission of the offence punishable under section 302 (murder) of the Indian Penal Code, the court said.
