Mumbai, Jan 28: The sessions court has acquitted Bhayandar resident Santosh Gawade, who was accused of setting a woman on fire following a quarrel in 2014 at a friend’s residence in Andheri, citing the failure of the prosecution to prove that the death was homicidal.
Lapses in investigation noted
The court also noted serious lapses in the investigation, including the failure to seize the clothes worn by the deceased, Sarika, and send them for forensic examination to establish the alleged use of kerosene.
Prosecution’s case
According to the prosecution, Gawade and Sarika were in a relationship and worked together as hairdressers, though Sarika was married to Sachin, an art director in the film industry.
On March 10, 2014, the two met at the residence of Gawade’s friend Mohan Sawant, whose wife was Sarika’s friend. The prosecution claimed that while they were alone in a room, a quarrel broke out during which Gawade allegedly poured kerosene on Sarika and set her on fire. She was first taken to Holy Spirit Hospital and later shifted to Nair Hospital the next day.
Conflicting statements
In her initial statement to the police, Sarika said she got burnt while preparing tea after her clothes caught fire. Later the same day, she was shifted to Masina Ladies Hospital.
On March 13, 2014, a statement recorded by the tahsildar stated that Gawade had set her ablaze and that they were in a relationship. Based on this, MIDC Police registered a case and arrested Gawade on March 15, 2014.
In a subsequent statement recorded on March 17, 2014, Sarika said Gawade had been avoiding her and refused to return her ornaments, and that a quarrel had taken place on the day of the incident. She later succumbed to her burn injuries after 16 days of treatment.
Court rejects dying declaration
After the trial, the court refused to rely on the dying declaration due to several technical deficiencies in the manner in which it was recorded.
Forensic gaps weaken case
The court further observed that the spot panchnama did not mention the presence of a kerosene stove, kerosene on the floor, or any smell of kerosene in the room where the incident occurred. It also noted that the doctor who examined Sarika did not state that he detected any kerosene smell on her body.
Additionally, the clothes worn by Sarika at the time of the incident were not seized, and no explanation was provided for the lapse. The court said that forensic examination of the clothes could have clarified whether kerosene was involved.
Also Watch:
Acquittal ordered
With these shortcomings, the court concluded that the evidence on record did not establish that Sarika’s death was homicidal, and therefore the question of murder did not arise.
To get details on exclusive and budget-friendly property deals in Mumbai & surrounding regions, do visit: https://budgetproperties.in/
.jpg)