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Ramdas Shinde, the accused in a double murder under Section 302 of the Indian Penal Code 1860,of a thirty four year old woman and her son, and convicted by the Sessions Judge at Nashik, was acquitted by the Bombay High Court. The Division Bench consisting of Justice SC Dharmadhikari and Justice PD Naik, stated that the material placed on record by the prosecution was insufficient and inadequate to rule out the involvement of someone else in the commission of the crime. The appeal on behalf of Ramdas and the application filed by the State for the confirmation of the death penalty was heard by the Hon’ble High Court.
The incident came to light on the night of 17th and 18th April 2016, when the first informant in this case, Kacharu Sanasare, the husband and the father of the victims respectively, came back home after completing his night shift on the night of 18th April.On finding the door of his house locked from the outside he went to his sister’s house to enquire about his wife and son. On not finding them, he went to the house of his other sister. On coming back home, he met the son of the landlord, Vinod who told him that the lights and fan in the house of Sansare was switched on. Subsequently, Sansare went to the kitchen of the accused Ramdas, who was the other son of the landlord and on looking through the window, he saw his wife and son sleeping. His wife was found to be without clothes. Along with his sister and nephew, he broke the lock and found his family lying in a pool of blood.
The prosecution has claimed that the accused Ramdas , confessed his killings before his friend Subhash Rajput, at 3:30 on April 18th.However, the story of the prosecution was not corroborated by Subhash, whom claimed that his phone had been seized by the police on the 1st of May.
As the trial started the argument made on behalf of Ramdas was that, Sansare was initially detained by the police for questioning and the FIR was lodged in the afternoon. Sansare was also accused of not informing the police immediately on the discovery of the bodies.It was submitted that the murders were committed in cold blood and in order to misled the investigation the door was locked from the inside as well as from the outside.
The Court gave its judgement on the fact that there was’nt enough links to show that there was not another person involved other than the accused for the gruesome murders. The Court stated that once Sansare had seen the condition of his family through the window, he could have done something to help them, instead of calling his sister. Also, the fact that inspite of having a mobile he did not call for help. Keeping these facts in mind the accused was acquitted of the death penalty.
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