Thane, Dec 11 (PTI) A Thane court has acquitted two persons in the case of killing of a man in 2014, noting the prosecution failed to establish a "direct nexus" between the accused and the murder.
Additional Sessions Judge D S Deshmukh, in the order on December 5, also observed there was no eyewitness to confirm the 'last seen' theory involving the accused -- Rizwan Najar Abbas Sayyed alias Pathan (34) and Anil Ramkishan Gupta (36).
According to the prosecution, complainant Jaluddin Shamshuddin Ansari alleged that on the night of December 6, 2014, he saw his friend Imran Shamshuddin Ansari with Sayyed near Amrutnagar bus stop in Mumbra area of Thane.
At around midnight, Jaluddin received a call from Imran's mobile phone informing his friend had suffered injuries to his hand and stomach and was lying at the bus stand in Amrutnagar.
Following this information, Jaluddin and his brother rushed to the spot, but found Imran mid-way in an auto-rickshaw.
The victim was taken to Kalwa hospital where doctors pronounced him dead. Injuries were found on his left rib and hand.
Jaluddin alleged there had been disputes between the victim and the accused, leading to the fatal assault.
Judge Deshmukh said the prosecution failed to establish a "direct nexus" between the accused and the murder.
The prosecution could not provide a clear motive for the crime, nor could it prove any definitive link between the seized weapons and the accused, the court said.
While the police had seized items at the accused's instance, witnesses failed to support the prosecution's theory, leading to questions about whether the items truly belonged to the accused or were connected to the crime, the court noted.
The evidence presented was insufficient to satisfy the burden of proving guilt "beyond all reasonable doubt," it said.
The accused were entitled to acquittal, the court said.