MUMBAI, JUNE 30: Underworld don Arun Gawli and five others were today acquitted by the City Civil and Sessions Court in the 1995 Jayant Jadhav murder case due to lack of adequate evidence, with most witnesses turning hostile to the prosecution case.The trial, which began on June 9, concluded today with Additional Sessions judge R S Dave pronouncing his judgement this afternoon with Gawli present in court. In all, there were nine accused in the case. Charges were framed on May 10 against Gawli, Sanjay Kate, Ram Gadale, Prahlad Jadhav, Vivekanand Naik and Sunil Ghate under Sections 302 (murder), 201 (hiding evidence), 109 (abettment), 120 (b) (conspiracy) and 34 (common intention) of Indian Penal Code and Sections 3 and 25 of the Arms Act. Three others were later killed. While Lalit Shah was gunned down by rival gang members, Santosh Adiwadekar and Sharad Bandve were killed in police encounters.
According to the prosecution, on April 30, 1996, some unidentified persons opened fire at Jadhav, a videographerby profession and a close associate of Shiv Sena chief Bal Thackeray at Jadhav's residence at Kamdar Park, Prabhadevi. The assailants also opened fire at Jadhav's brother Vivek. While Jadhav died on the spot, Vivek sustained bullet injuries. The prosecution also claimed they had key eyewitnesses including Vivek, building residents Sunil Shah and Om Prakash Thakur to support their case. According to the prosecution, the conspiracy to kill Jadhav was hatched at Amravati Jail as it was alleged that Jadhav played an important role in getting Gawli transferred from Aurangabad Jail to Amravati Jail.
However, all key witnesses turned hostile to the prosecution case and denied having seen anything. During examination, Vivek said one bullet passed him but he did not see anyone fire at him. With all the key witnesses turning hostile, the prosecution prayed for conviction of Sanjay Kate and Ram Gadale under the Arms Act. According to police, it is believed that the duo were the main assailants of Jadhav as a hugecache of firearms were recovered from them in a room at Chikalwadi behind Bhatia Hospital, Tardeo. However, Judge Dave rejected the prosecution's prayer and acquitted the duo under the Arms Act. Special public prosecutor Sadhana Joshi-Patil appeared for the state, while Avinash R Rasal appeared for all accused except Sunil Ghate who was represented by advocate Behl.
On Tuesday, Judge Dave had issued a non-bailable warrant against Gawli for not appearing before court. While Gawli claimed he was not provided with police escort from Pune to Mumbai, police on the other hand said he had refused police escort. Gawli was directed to appear before court on Wednesday.
Copyright © 1999 Indian Express Newspapers (Bombay) Ltd.