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Death may affect outcome of case

mumbai Updated: Jul 22, 2011 01:21 IST
Debasish Panigrahi
Debasish Panigrahi
Hindustan Times
Highlight Story

The death of Anil Bheda is going to “adversely” affect the outcome of the Lakhan Bhaiya fake encounter case, said special public prosecutor RN Mishra.

Mishra told Hindustan Times on Thursday that since the witness was dead, the evidence given by him earlier (in the form of statement under oath) would have little relevance. “I will try to prove the case on the basis of whatever remaining evidence we have,” he said while refusing to elaborate on the evidence. “Those will be produced in court only.”

Mishra said he had already raised a point about the killing in the court and how crucial the evidence of the star witness was.

Advocate Ramprasad Gupta, complainant and brother of Ram Narayan Gupta alias Lakhan Bhaiya, said he would, after discussion with Mishra, move the Supreme Court with a plea that the evidence given by Bheda be treated as evidence. “He [Bheda] was the only witness to the kidnapping of my brother. He had explained how the abduction had taken place, by whom and who had killed my brother,” said Gupta, adding, “With Bheda’s death, his evidence has not only lost relevance, but the case has become weak.”

Gupta alleged that the murder had been planned with the sole intention of burying evidence that would have nailed the accused.

A senior IPS officer agreed with Gupta’s allegation. He told HT: “He [Bheda] was the strongest evidence since he was the sole witness to the entire crime. That is why he was eliminated purposefully.” The officer, however, said that the incident had thrown a challenge to the prosecution to prove its case.