Post by : Rameen Ariff

In a rare legal development, a sessions court in Thane district has acquitted five men who had been accused of a murder that occurred more than three decades ago. The verdict, delivered on September 26 by Additional Sessions Judge P.F. Sayyad at Kalyan, emphasizes the challenges the justice system faces when cases stretch over many years.

The case dates back to December 16, 1992, when Lucky Premchand Bhatia was allegedly attacked with sharp weapons at Samrat Ashok Nagar, leading to his death. Five men – Suresh Dinanath Upadhyaya, Gautam Mahadev Gaikwad, Mohiddin Siddique Khan, Kanahayya Basanna Koli, and Kumar Chetumal Nagrani – were charged in connection with the murder.

The trial encountered numerous obstacles due to the long passage of time. The accused, who had previously been granted bail, were reportedly absent for extended periods, prompting the court to issue non-bailable warrants and a proclamation order as recently as September 2024.

Judge Sayyad highlighted that essential evidence in the case was either missing or in poor condition. Key documents, including witness statements and the chargesheet, were found torn, while the postmortem report could not be located. During the trial, the prosecution was able to present only two witnesses, one of whom was considered unreliable due to suffering from Parkinson’s disease.

Due to the inability of the prosecution to establish the case beyond a reasonable doubt, the court acquitted all five accused. The ruling serves as a reminder of how time can weaken legal proceedings, with evidence deteriorating, crucial records getting lost, and memories of witnesses fading over decades.

This case underscores the importance of timely investigations and proper preservation of evidence to ensure justice is delivered, especially in serious crimes like murder.

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