HC acquits two in double murder case due to doubtful evidence

Granting benefit of doubt, the Bombay High Court has acquitted two persons of the charges of murdering a couple at their residence here eight years ago.
The court doubted the prosecution's evidence as the accused were in handcuffs when they had made statements before witnesses who recorded 'panchnamas' of seized articles suspected to be stolen from the deceased victims.
The judges ruled that in such a condition when they were handcuffed, it cannot be said that the accused had made voluntary statements as there was an apprehension that they might have been pressurised by the investigators.
The court acquitted Shiva Harijan and Raju Chaurashia from the charges of killing Jagdish Kadam and his wife Pratibha who were staying in the western suburb of Vile Parle.

Justices P D Kode and Vijaya Tahilramani also acquitted the duo of other charges such as wrongful confinement (342 IPC), House Trespass (452 IPC), Robbery (392 IPC), Robbery or Dacoity with attempt to cause grievous hurt (397 IPC).
"We are of the opinion that the prosecution failed to prove the case against the duo and they deserve to be acquitted," the bench said.

On February 16, 2008, the sessions court at Sewri had convicted the two on the charges of murdering the couple in their home. One more accused, namely, Akram Babu Shaikh, was acquitted by the court as there was no evidence against him.

However, Shiva and Raju were given life imprisonment. Being aggrieved, they filed an appeal in the High Court.
On October 3, 2005, the couple were found lying in a pool of blood at their home. They were attacked with a knife or a sharp edged weapon. Their daughter was staying in nearby Navi Mumbai, while son was residing in USA.
The daughter had called up her parent's neighbour to tell them that her mother was not picking up her call. When the neighbour broke open the door, she found both husband and wife lying injured with blood splattered all over. They bore stab wounds in their stomach. Police filed a case and arrested three persons.