Mumbai: The special NIA court has refused to discharge Mudassir Ahmed, involved in recce before the murder of Amravati pharmacist Umesh Kolhe, observing that he was not only well aware of the plan and conspiracy, but he did actually participate in the conspiracy and was in league with all the accused.
Kolhe was hacked to death on June 21, 2022, while returning home
As per the prosecution case, Kolhe, who ran a medical store in Amravati, was on his way home on his scooter on the night of June 21, 2022, when he was accosted by three men on a bike and hacked to death.
Ahmed’s lawyer Sharif Shaikh had sought discharge from the case claiming that the alleged phone calls referred by the NIA in between the Ahmed and other co-accused do not even remotely suggest any kind of conspiracy to kill Kolhe by conducting recce. Besides, it was also argued that on the date, time and place of the incident of murder of Kolhe, the mobile tower location of Ahmed is not found nearby the spot. Further, the defence claimed that even CCTV footage doesnot show Ahmed’s involvement.
Prosecution claimed Ahmed conducted recce and facilitated execution
The prosecution however, claimed that Ahmed has quite an active role in commission of the offences in this case. The prosecution argued that Ahmed alongwith accused Sharukh did the recce as per conspiracy and facilitated Shoaib, Atib, Shahim to execute murder.
“Thus role of Ahmed was quite crucial and active in conducting prior surveillance of the victim. He undertook reconnaissance of the area, identified the routine movements of the victim and assessed the location of the specified spot to commit murder. He gave inputs to other accused. Thus, this accused was instrumental in facilitating the execution of the murder,” the prosecution argued.
Court notes tower location constantly around spot before and on murder day
The court however, noted that, “May not be at the exact pinpointing spot of commission of murder, however, tower location of mobile cell phone of this accused before the date of murder, on the day of murder, is constantly around the spot of the incident. There is ample evidence in the form of CDRs and SDRs to that effect. This electronic evidence is important.”
The court further noted that Ahmed’s identity is not disclosed in the CCTV footage as he was wearing a scarf throughout. “At night, wearing a scarf and covering face is not at all required for a young man like the accused. It shows his ill motive and guilty mind at least at this stage and at least prima facie,” the court said rejecting Ahmed’s plea for discharge.
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