Published On : Mon, Apr 24th, 2023
By Nagpur Today Nagpur News

Five MCOCA accused involved in murder acquitted by Nagpur court

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Nagpur: Special Judge M Salman Azmi acquitted five accused Mayur Fule, Amol Waghmare, Ritesh Tayade, Himanshu Nandgawe and Abhay Kamble in a case registered against them under the Maharashtra Control of Organised Crime Act (MCOCA) after the sensational murder of Anil Banjare in Imambada area as the prosecution failed to substantiate the charges.

The Special Judge also acquitted the five accused, who are the residents of Rambag, in the Banjare murder case by extending them the benefit of doubt. According to the prosecution, Rohit Fusate and Abhay Kamble, both residents of Imambada area, had a tiff over some issue. Fusate’s brother-in-law Banjare had abused Kamble on February 14, 2016. To settle scores with Banjare, gangsters Fule, Waghmare, Tayade, Nandgawe and Kamble carrying swords stormed into Fusate’s house around 9 pm on the same day.

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They ransacked the house and threatened Fusate of dire consequences. Banjare’s wife Kshama and her brother Fusate decided to lodge a police complaint against them. When they were on the way to the police station, they came to know that Banjare was killed by Fule, Waghmare, Tayade, Nandgawe and Kamble with swords, knives and stones near Mama Sardar’s house.

Imambada Police arrived at the spot and sent Banjare’s body for autopsy and arrested the five accused on murder charges. Police later invoked MCOCA against them. Police officers Dhanraj Shingade, Atul Mohankar and Jaideep Pawar investigated the case and recovered two swords, knives and blood stained clothes from them. Nandgawe had made a confessional statement before the then Deputy Commissioner of Police Shailesh Balkawde.

The investigating officer filed a chargesheet against them in the court. During the trial, the court examined as many as 23 witnesses. Defence counsel Adv Chandrashekar Jaltare pointed out that a confessional statement given by one of the five accused before the then DCP Balkawade cannot be taken into consideration in this particular case as there was no evidence that they were the members of an organised crime syndicate or engaged in a systematic course of activities for extorting money from the people.

Adv Jaltare informed the court that Banjare himself was a criminal and had rivalry with many people. There were several criminal cases registered against Banjare and any of his rivals would have killed him, he added. As the weapons and blood stained clothes were not properly sealed by the investigators, the seizure panchnama cannot be relied upon, he said.

As the prosecution failed to prove the charges, the court acquitted all the accused. Additional Public Prosecutor Abhay Jikar represented the State.

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