In yet another unfortunate instance of shoddy investigation weakening the prosecution in a watertight case, Judicial Magistrate First Class, Mapusa, C S da Silva, in a recent judgment acquitted Suresh Narvekar and Ramdas Naik who were accused in a 2006 fire incident that resulted in the death of five boys aged 10 to 16 years at a palanquin procession in Betim.
“Considering the nature of evidence on record, with a very heavy heart, I must observe that at the end of the exercise, I find that the prosecution has failed to prove (the offence) beyond reasonable doubt,” reads the judgment delivered on March 31.
In what appeared to an open and shut case with easy conviction, Porvorim police failed to build a strong case for conviction on every count, resulting in the discharge of three accused in early stages of the case, and acquittal of the remaining two after trial.
The incident occurred on the evening of April 9, 2006 during the procession of a new palanquin of Vithoba Rukmini temple. The complaint stated that the deceased children along with Narvekar and Naik were in a Maruti van, with the latter driving the van. It was also stated that firecrackers were stacked in the van and that Narvekar was bursting crackers in the vehicle. As a result, the van caught fire and all the children sustained severe burn injuries.
The two accused were subsequently booked under Sections 435 (mischief by fire or explosive substance with intent to cause damage) and Section 304 A (causing death by negligence) of IPC.
The judgment states that there is "absolutely no dispute" that the five children namely Deeptesh Sawant (14), Dhiraj Sawant (10), Kedar Sawant (14), Aditya Sawant (16) and Bhavesh Phadte (14) succumbed to burn injuries. It also stated that there is also no dispute that the vehicle caught fire during the procession.
However, not only did the investigating team and prosecution fail to record statements of any eye-witnesses participating in the huge procession, they also failed in providing the court with forensic evidence that fire crackers were kept in the van.
The judgment observed that out of around 17 witnesses brought on record by the prosecution, only two had any personal knowledge about the tragic incident.
Of these two, one was the father of two of the deceased boys, who deposed that his statement was entirely based on hearsay, and on information given by his deceased son.
Both these witnesses were located a distance from the scene of the incident, and neither was an eye-witness.
The father of the two boys, who was around 100 mts ahead of the van, turned around and ran towards the van after hearing the sound, only to see his sons being removed from the van.
The prosecution further failed to prove beyond reasonable doubt that Narvekar was lighting the crackers while sitting in the van, and no material was brought on record to prove that Naik was driving the vehicle.
The final nail in the coffin was the deposition of the scene panch witness. Not only did he not support the prosecution, he also deposed that his signature was taken on the scene of the panchnama at Betim police outpost, and that the panchnama was not even read out to him. In other words, the scene panch witness never participated in the scene panchnama.
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FLASHBACK OF INCIDENT
- On the evening of April 9, 2006, during the procession of a new palanquin of Vithoba Rukmini temple, five children - Deeptesh Sawant (14), Dhiraj Sawant (10), Kedar Sawant (14), Aditya Sawant (16) and Bhavesh Phadte (14) succumbed to burn injuries after firecrackers that were stored in the van that they were travelling in caught fire.
- The court pointed out that the prosecution failed to prove beyond reasonable doubt that Suresh Narvekar was lighting the crackers while sitting in the van, and no material was brought on record to prove that Ramdas Naik was driving the vehicle
- The judge also stated the investigating team and prosecution fail to record statements of any eye-witnesses participating in the huge procession, and also didn't provide any forensic evidence that fire crackers were kept in the van
