Mumbai: The sessions court has acquitted a 30 year old man from Chembur booked in March 2019, for killing his friend over a fight while they were having alcohol. The court after seven years of the incident, held that the death was not homicidal but the man died of a heart attack.
The case was lodged on the complaint of Vimal Palke, mother of deceased Sandeep, residing at Lal Dongar, Chembur. It was claimed that on March 5, 2019, Sandeep had been out with his friends at 9:30 pm, when Vimal called him, Sandeep had informed her that he was on his way back. Around midnight, Vimal received a call from Sandeep, who informed her that he had a quarrel with his friends.
It was claimed that when Sandeep reached home, Vimal noticed that Sandeep was brutally assaulted by his friend Kapil Rupwate, the accused in the case. It is claimed that because of the assault, Sandip suffered from severe pain in the chest and found difficulty in breathing. When Vimal gave him water to drink, Sandip collapsed. He was taken to hospital where he was declared dead at 3 am.
The prosecution had relied on the eye witness who claimed that Rupwate during the quarrel sat on Sandip’s chest and assaulted him.
However, the court said, the eye witness did not help the prosecution. Meanwhile, the court noted that, the doctor who testified before the court had said that, “there was 95- 100% blockage of the left artery of Sandeep. All the coronary ostia were thickened and calcified. He has clearly stated that the death of Sandeep had occurred due to cardiac arrest. He has also admitted that he did not find any injury on the chest region of Sandeep. His evidence further shows that all the injuries found on the body of Sandeep were superficial and simple in nature.”
The court therefore noted that prosecution failed to prove that the death of Sandip was homicidal and acquitted Rupwate.
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