Mumbai News: HC Grants Bail To Murder Accused After Police Fails In Producing DNA Evidence

Mumbai News: HC Grants Bail To Murder Accused After Police Fails In Producing DNA Evidence

An investigation was conducted following a missing complaint about one Rosina Pansare Aka Kavita Chaudhari who was missing from August 8, 2021. The accused Hanumant Shinde allegedly throttled his girlfriend and subsequently hacked her to death.

FPJ News ServiceUpdated: Friday, July 28, 2023, 10:31 PM IST
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Bombay High Court |

The Bombay High Court has granted bail to one Hanumant Shinde, who allegedly first throttled and then hacked his girlfriend to death, observing that the police failed to collect DNA samples of immediate heirs to identify the body in a murder case.

Justice Amit Borkar, on July 27, observed: “Considering totally decomposed body of the deceased, the identification of that needs to be decided during trial. However, prima facie, the material on record against the applicant is not sufficient at this stage to warrant his further detention.”

The HC was hearing a bail application filed by Shinde. An investigation was conducted following a missing complaint about one Rosina Pansare Aka Kavita Chaudhari who was missing from August 8, 2021.

According to the prosecution, Shinde confessed that he had an affair with the deceased and they used to stay in a rented apartment. Because of Chaudhari’s refusal to marry, they often had quarrels between the two. It is alleged that on August 12, 2021, at about 8.00 pm, Shinde killed Chaudhari by throttling her. He then locked the room and went to Akkalkot. He returned the following day.

Accused attempted to destroy evidence

On August 14, 2021, he purchased two sacks from a shop at Nehru Chowk. He borrowed tempo from his friend. He thereafter, carried a scythe, knife, hexa blade and sack in the tempo to the rented premises. He then cut Chuadhari’s body using scythe, nnife, hexa blade. He put the head and two hands in one sack and legs in another sack. Remaining body was wrapped in a bedsheet and blanket, he carried sacks containing body parts in tempo through Pirangut and Lavasa Road. He took the bed-sheet on the boundary of village Urawade, claimed prosecution.

DNA report unable to prove the crime

Defence advocate submitted that the police first conducted the panchanama and then arrested Shinde. Hence the said panchanama is not admissible in law. Besides, no blood stains were found either at the place of alleged incident or in the tempo. There is no DNA report to conclude that the body parts recovered were of Chaudhari. Also, no DNA samples of heir were collected to match the DNA of body parts recovered. The case is based on circumstantial evidence.

Prosecutor argued saying that the weapons used to cut the body were found at the place shown by Shinde.

“The applicant was arrested on 24th August 2021. The charges are yet to be framed. It is unlikely that the trial will be over in the near future. On overall consideration of facts, the applicant has made out a case for release on bail,” said the HC.

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