Mumbai: Dindoshi Sessions Court Acquits Andheri Man In 2021 House Fire Attempt-To-Murder Case

Mumbai, May 13: The sessions court at Dindoshi on Wednesday acquitted a 38-year-old Andheri resident booked for attempting to kill his children and mother-in-law by setting the house on fire in September 2021.

As per the prosecution case, Vishal Arvind Virbhadre, 38, was married to Sonali, and the couple had two children. Sonali had claimed that Vishal subjected her to mental and physical harassment, because of which she had shifted to her mother’s house with the children since 2020. Even there, Sonali had claimed that Vishal would visit and fight with her.

Mother-in-law suffered burn injuries in fire

As per the case registered with Meghwadi police station, on September 29, 2021, Sonali was away working. At around 1.12 am, when Sonali’s mother and children were sleeping, someone latched the door from outside, poured kerosene inside the house, and set it on fire.

In the incident, Sonali’s mother was grievously injured with 24 per cent burn injuries, and several articles in the house were damaged.

One of the neighbours saw smoke coming out of the house and alerted the watchman, other residents, and Sonali as well. Sonali later made enquiries and checked CCTV footage.

The footage allegedly revealed that it was Vishal who had set the house on fire. She later got the case registered. Vishal was arrested on the same day and remained in prison till Wednesday.

Court cites lack of evidence linking accused

The prosecution had claimed that the CCTV footage was an important aspect. The accused was seen in the CCTV footage carrying a school bag upstairs.

However, the school bag was not with the accused when he came down and went away. The said school bag was found at the spot. The neighbour deposed that the door was latched from outside. It showed the intention to kill.

The defence, however, contended that there was a dispute between the informant and the accused. The informant received a message during the night but waited till morning to reach the spot of occurrence.

The technician had not taken the hash value of the alleged CCTV footage. The chain of proper custody was not established. The CCTV footage was not reliable for want of evidence of hash value. There was no evidence from fingerprint experts.

The court, however, noted that “there was a school bag, a white-colour can and a matchbox beside the door. There is no evidence on record to connect the accused with the school bag, white-colour can and matchbox which were there at the spot beside the door. The Investigating Officer has admitted that he has not taken fingerprints of the accused and he has not sought a report of fingerprints on the can.”

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“Even if it is assumed that the can may be in the school bag on the back of the accused, then also the evidence of school bag is not before the court,” the court further added while acquitting Vishal.

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