Thane, Maharashtra A court in Thane city has acquitted a 52-year-old man who was accused of killing his friend for money about 12 years ago.
Principal District and Sessions Judge SB Aggarwal said the prosecution had failed to prove the charges against vegetable vendor Enamul Iyadali Haq.
A copy of the order of July 2 was made available on Friday.
According to the prosecution, Haq and Tajajul Haq Dukku Shaikh, also a vegetable vendor, lived in the same room in Thane's Kopri area. Haq had lent his roommate some money and was demanding it back.
The prosecution claimed that Haq fatally attacked Sheikh with a knife during a fight between the two over money in September 2012. Haq was arrested after nine years.
Defense lawyer Sagar Kolhe contested the claim, raising several questions about the prosecution's version and investigation.
“At the outset, it would be pertinent to mention that there is no eyewitness account of the incident,” the judge said in the order. The prosecution has not even examined the landlady to show that the accused and the victim were living together in that room at the given time.
The court said that the victim's brother was at his native place then. He returned to Thane after being informed by the police. "Even this witness has stated that he suspected that since the accused was living with the victim, he might have killed her," the court said.
The court, while acquitting Haq, said, "In the above circumstances, it cannot at all be said that the prosecution has succeeded in establishing the guilt of the accused beyond reasonable doubt."
Principal District and Sessions Judge SB Aggarwal said the prosecution had failed to prove the charges against vegetable vendor Enamul Iyadali Haq.
A copy of the order of July 2 was made available on Friday.
According to the prosecution, Haq and Tajajul Haq Dukku Shaikh, also a vegetable vendor, lived in the same room in Thane's Kopri area. Haq had lent his roommate some money and was demanding it back.
The prosecution claimed that Haq fatally attacked Sheikh with a knife during a fight between the two over money in September 2012. Haq was arrested after nine years.
Defense lawyer Sagar Kolhe contested the claim, raising several questions about the prosecution's version and investigation.
“At the outset, it would be pertinent to mention that there is no eyewitness account of the incident,” the judge said in the order. The prosecution has not even examined the landlady to show that the accused and the victim were living together in that room at the given time.
The court said that the victim's brother was at his native place then. He returned to Thane after being informed by the police. "Even this witness has stated that he suspected that since the accused was living with the victim, he might have killed her," the court said.
The court, while acquitting Haq, said, "In the above circumstances, it cannot at all be said that the prosecution has succeeded in establishing the guilt of the accused beyond reasonable doubt."
