A Bhiwandi court in Maharashtra`s Thane district admitted a convict`s appeal and set aside an earlier order of a sessions court in a suicide abetment case and directed that he be released, reported news agency PTI.
The Bhiwandi court set aside the Thane sessions court`s 2015 order convicting Bhaskar Dhavalu Gavit (40) and sentencing him to four years of rigorous imprisonment for abetting a man`s suicide, reported PTI.
Additional Sessions Judge N K Karande of Bhiwandi court held that the charges against Gavit were not proven and hence, he needs to be set free, and his conviction should be set aside.
A copy of the order dated August 17 was made available on Saturday.
Appearing for Gavit, advocate Ramrao Jagtap pointed out that the provisions of abetment of suicide were not attracted in the case and cited that section 107 (abetting doing of a thing) of the IPC was not fulfilled, reported PTI.
The prosecution argued that Gavit had an affair with the victim`s wife and had threatened to kill him, reported PTI.
The victim and his wife committed suicide at their house on February 11, 2014, following which the accused was booked under relevant sections of the IPC.
In another case, a Thane court has acquitted two persons booked in a 2016 murder case, citing that the investigating officers had not carried out the probe in a proper manner, reported news agency PTI.
Additional Sessions Judge Amit M Shete acquitted the accused, Sandip Ashok Kakade (33) and Akshay Sudhakar Raut (27), of the charges of murder, reported PTI.
"The investigation officers have committed a grave error in not investigating in a proper manner. Due to laxity on the part of investigation officers, the accused are acquitted," the Thane court said, reported PTI.
Additional public prosecutor Sanjay More informed the court that on the night of May 30, 2016, the duo chased the victim, Nandkishore Yadav, who allegedly teased a woman in a car in Kapurbawdi, reported PTI.
The victim fell and died of injuries, he said.
Based on an eyewitness account, the police registered a case against the duo.
"As per the prosecution, the incident occurred in which three to four unknown persons assaulted the deceased. The deceased fell and probably sustained a head injury. The prosecution has not come up with any case that those three to four persons have assaulted the deceased by any weapon or means. The postmortem report shows cause of death due to head injuries," the court said, reported PTI.
There is no material on record to assign that the injuries were caused due to any overt act by the accused, it said.
(With inputs from PTI)
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