MUMBAI, SEPT 3: A sweeper who had murdered his wife and her friend in 1994 and reported the matter to the Saki Naka police, was recently acquitted by the City Civil and Sessions Court as the prosecution failed to prove their case, which was based solely on circumstantial evidence.According to the prosecution, on November 4, 1994 Darshansingh Ramdiya Valmiki, a resident of Karuna Nagar slum, Sakivihar Road, killed his wife Bedo and her friend Savitri Pappu Singh on the terrace of Rambo building, Powai where both the deceased were employed as sweepers. Valmiki then reported the matter to the Saki Naka police and confessed his crime. His complaint was treated as a First Information Report (FIR) and he was later arrested.
The case came up for trial at the Sessions Court before Additional Sessions Judge S R Jaiswal. Three witnesses were examined by the prosecution, namely the watchman of the building, the security officer of Rambo building and police sub inspector R M More attached to the Saki Naka policestation. Both the independent witnesses turned hostile to the prosecution case. While the watchman had in an earlier statement said that he had seen both the ladies on the terrace on the day of the murder, he denied that he had ever made such a statement during trial. The security officer also denied having made any statement to the police.
Defence advocate K N Tavakulli argued that the police carried out the panchnama a whole hour after they arrived on the scene, so how could they have not known all relevant facts before commencing the panchnama, a point which was agreed to by the judge. Advocate Tavakulli further said that his client has never made any statement about the recovery of blood-stained clothes, which in any case did not belong to him.
Judge Jaiswal observed that merely showing the scene of the crime to the police will not be sufficient evidence against the accused.
``At most, it can be said that the accused had knowledge about the dead bodies and the knife lying on the terrace of the saidbuilding,'' said the judge.
While acquitting Valmiki, the judge also observed that even though the prosecution case may be true, considering the legal position, the statement of the accused could not be proved as the prosecution could not furnish any direct evidence.
Copyright © 1999 Indian Express Newspapers (Bombay) Ltd.