Observing that the prosecution has “miserably failed” to bring home the guilt of the accused, Additional Sessions Judge P V Sawaiker acquitted all the nine accused charged with involvement in the kidnapping and murder of Bellary native P Sultan in January 2011.
In the operative part of the order, the judge observed that the accused are acquitted of all offences punishable under Sections 120(B), 364, 341, 302 and 201 of IPC. “The bail bonds to be executed by the accused no 3, 5, 6 and 8 shall continue to be in force for six months. Accused no 1, 2, 4, 7 and 9 will have to execute personal bonds of Rs 10,000 each with one surety each in the like amount which shall remain in force for six months. They shall be released forthwith if not required in any other case. Muddemal property to be destroyed after the appeal period is over. Vehicles shall also be released.”
Of the eleven accused, who were chargesheeted in this case by the Maina-Curtorim police, nine were nabbed while two are declared
absconding. Of the two absconding accused, one is unknown.
The incident occurred on the intervening night of January 9 and 10. The case of the prosecution was that all the eleven accused had abducted P Sultan (36), a native of Bellary, and later murdered him.
Describing the modus-operandi of the alleged accused, the police had claimed that the deceased was abducted from a construction site at Pedda-Benaulim. They said he was tied with a jute rope (suthli) and was bundled into a car.
The police had claimed that the deceased was later murdered with weapons which were later recovered at the instance of Sandeep Kalangutkar, one of the accused. The body was found with multiple stab injuries and was beheaded. It was found at an isolated place around 150 metres away from the road at Mugali, Ramnagari.
Pursuant to the location of the body, the police had charged all the eleven accused of hatching a criminal conspiracy and burning the chopped head of the deceased which was later recovered at Xelvon-Quepem. The police had also charged the accused of destroying evidence.
A total of 57 witnesses were examined during the course of trial which lasted for almost four years and five months. Finally, all the accused were acquitted of all charges slapped against them by the police.
THE ACCUSED
Govind Naik (accused No 1); Vivek Dhamakale (accused No 2); Nitin Dicholkar (accused No 3); Jayesh Naik (accused No 4); Rajesh Naik (accused No 5); Rashikant Gawas (accused No 6); Sandeep Kalangutkar (accused No7); Nitin Bhosle (accused No 8); Krishnakant Anchotti (accused No 9), Vinod Kumar Yadav (accused No 10) and unknown accused (accused No 11)
