Mumbai: A sessions court in Mumbai has acquitted four workers of the Republican Party of India (Athawale) in a 2017 attempt-to-murder case, observing that the incident appeared to be more of a “political stunt” than a genuine attempt to kill.
Accused Cleared Of Attempt-To-Murder Charges
Additional Sessions Judge Satyanaraya Navander last week acquitted the accused—Vishal Diwar, Vishal Jonjal, Vishal Gaikwad, and Shirish Chikhalkar—of charges under IPC Sections 307 (attempt to murder) and 504 (intentional insult to provoke breach of peace). A copy of the detailed order was made available on Thursday.
Clash During 2017 Protest
The case dates back to March 6, 2017, when an agitation was held at Azad Maidan to protest the killing of senior Ambedkarite activist Krishna Kirwale. A dispute reportedly broke out between the complainant, Nagorao Kamble, and the accused over whether to stage a “rasta roko” protest at CST. Kamble, then south Mumbai zone president of RPI (A), had opposed the idea citing public inconvenience and prohibitory police orders.
According to the prosecution, after the agitation, a clash erupted at the party office. Kamble alleged that the accused raised slogans against him. Shirish Chikhalkar allegedly poured kerosene on Kamble while Vishal Diwar tried to set him on fire. Kamble’s wife, Jayshree, and another activist intervened, preventing the act. The other two accused allegedly assaulted Kamble by punching and kicking him.
Witness Testimony Found Unreliable
While Kamble and his wife testified in court, other eyewitnesses turned hostile. The court noted major inconsistencies between the couple’s statements. It observed that the accused and the complainant were political rivals, and it could not be ruled out that Kamble had falsely implicated them by exaggerating and fabricating facts.
“It appears the incident was more of a political stunt than an actual attempt to murder. It was given the colour of a serious offence which has not been proved beyond reasonable doubt,” the court remarked.
Prosecution Vs Defence Arguments
Additional public prosecutor Ramesh Siroya argued that Kamble and his wife gave a detailed account of the incident, and other witnesses corroborated the information concerning the agitation on the day of the incident.
He submitted that the witnesses were won over by the accused. While the couple's testimony was enough proof supported by circumstantial evidence, the charge against all the accused stood proved beyond reasonable doubt, he had submitted.
Defence advocate Sunil Pandey contended that a false case was registered against the accused out of political rivalry. He said the complaint was “fabricated and concocted, and that no independent witness has supported the prosecution's case”.
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Rejecting the prosecution’s argument that the couple’s testimony was sufficient, the judge ruled their statements to be “neither trustworthy nor reliable.” Granting the benefit of doubt to the accused, the court acquitted all four, concluding that the evidence did not establish any intent to kill.
