Mumbai, May 9: The sessions court in Dindoshi has convicted a 48-year-old Andheri resident for attacking his employer in June 2017 over a dispute regarding payment of salary.
Even though the employer died in August 2020 of a heart attack, the accused was booked for murder. The court considered this and convicted him for attempted murder.
Dispute arose over unpaid salary
As per the prosecution case, accused Ashok Shrivastav, 48, was working as a peon with Tushar Navinbhai Patwa, who was running a garment export business at Laxmi Industrial Estate in Andheri (West).
Due to financial difficulties in the business, Tushar and his wife Rupali decided to close their establishment around April 2017.
The dues of other employees were cleared by cheque. The salary of the accused was not paid due to the absence of a bank account in his name, which had led to prior disputes between Ashok and Tushar.
Accused allegedly attacked employer with knife
It is claimed that in the second week of April 2017, Ashok visited the office and had a quarrel with the deceased regarding his unpaid salary.
The deceased had assured payment at a later stage.
However, on June 7, 2017, between 11.30 am and 11.45 am, when the deceased and his wife were present in front of their office, the accused came and picked up a quarrel with the deceased on the same issue.
During the course of the quarrel, the accused allegedly took out a knife and cutter from a plastic bag and assaulted the deceased three to four times on his neck and other parts of the body.
At the same time, hearing Rupali’s cries, police officials who were nearby rushed to the spot and caught the accused. Tushar was rushed to hospital.
Victim remained in vegetative state
It is alleged that though he was discharged thereafter, he continued to remain in a comatose/vegetative state and required continuous medical care.
On August 25, 2020, Tushar expired while undergoing treatment at home.
The cause of death was stated to be cardiac arrest due to injuries suffered by the deceased. Hence, police added murder charges against Ashok.
Court convicts accused for attempt to murder
Lawyer Aarti Yadav from the Legal Aid Defence Counsel System, who defended Ashok, argued that the death occurred after more than three years.
“No doctor has opined that death was a direct result of injury; therefore, the prosecution has completely failed to establish homicidal death. There is no link to the commission of murder,” the defence argued.
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The court accepted the defence argument and convicted Ashok only for attempt to murder.
He was sentenced to undergo imprisonment for 10 years and pay a fine of Rs 10,000. The fine amount would later be paid to Rupali as compensation.
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