Nagpur: More than 42 years after a man, then 23, allegedly stole Rs 40 by injuring someone, the session court here has released him from the recent robbery charges.
As long as the pircase for the old case for four decades, the three sacrifices in crime and complainants and four of the seven witnesses ended.
Defendant, Bhimrao Nitnawane, who is 65 years old this year, along with co-accus – Ramesh Meshram, Madhukar Patil and Hiraman Dhoke – has attacked Motiram complainants around midnight in Hingna on January 13, 1978.
After injuring Motiram, they seized him RS40 He had earned after selling milk.
After Motiram filed a complaint with the MIDC police station, Meshram was arrested but the other three were accused of running away for years.
The police have submitted a sheet of accusations against all who were accused of under the part 394 IPC for Dacoity.
Furthermore, the trial began before Judicial Judge Class One (JMFC).
Then it was realized that the defendant also attacked complaints with a knife and, therefore, the accusation was beaten below the 398 IPC section which to try to carry out a deadly weapon with a robbery.
This case was transferred to the court session for a new trial after a new fee was added.
Meanwhile, the defendant escaped captured by the police but given a guarantee.
According to Nitnawane advice, Amit Band, this case does not appear for listings after several hearings and forgotten.
“Only after the direction of the Bombay High Court to take old cases delayed that it was taken on priority and and the trial began in 2019 after more than four decades.
At that time, four of the seven witnesses were dead while two could not be traced.
Three Accused and complaints have also expired during fat, “the band said.
“In the instant case, apparently, the incident occurred in 1978.
Since then, almost 42 years have passed.
The age of the witnesses who had been reported to be between 35 and 45 years during the incident.
Naturally, prosecution cannot produce witnesses That, because they are no more, “additional sessions judge Py Ladekar before weighing on charges.
He showed that the only evidence that could be considered was that the Panchnama spot as mentioned in the filling sheet and memo seizure showed that blood stained clothes from the injured were confiscated.
“Even if the defendant has recognized these two documents, they did not take prosecution cases anywhere in proving violating materials.
Because the accusation was not proven, the defendant had to be released,” said the judge before asking for Nitnawane to run RS5,000 PR .