Charni Road man gets 7-year jail term for culpable homicide in 2016 assault case

In the ensuing scuffle, Khan and six others allegedly assaulted Kadam and his friends using bamboo and wooden sticks before fleeing. The following morning, Kadam was found unconscious and bleeding near Charni Road railway station

MUMBAI: A sessions court has sentenced a Charni Road resident, Gafar Khan, to seven years’ imprisonment for culpable homicide not amounting to murder, nearly eight years after he assaulted his neighbour with bamboo and wooden sticks during a heated altercation. The victim, 24-year-old Mayur Kadam, succumbed to his injuries in December 2016.

Charni Road man gets 7-year jail term for culpable homicide in 2016 assault case

According to the prosecution, the violence stemmed from a dispute a few days earlier when Khan and his associates allegedly blocked Kadam and his friends from accessing an area near Parsi Pole due to previous enmity. During the confrontation, one of the men, Akash Yadav, sustained serious injuries. The next day, Yadav, his mother, Kadam, and others went to confront the accused.

In the ensuing scuffle, Khan and six others allegedly assaulted Kadam and his friends using bamboo and wooden sticks before fleeing. The following morning, Kadam was found unconscious and bleeding near Charni Road railway station. He was rushed to Sir JJ Hospital, where he later died. Police subsequently arrested Khan and six others.

During the trial, the defence argued that none of the key witnesses had reported the incident to police immediately, and that there was no clear attribution of individual roles to the co-accused. Khan’s lawyer also contended that the medical evidence failed to conclusively link the assault to Kadam’s death.

In its judgment delivered on May 27, the court noted that while Khan did not act with intent to kill, he was aware his actions could result in fatal consequences. The judge ruled that the assault was the result of a sudden quarrel and lacked premeditation.

“The death of the deceased has occurred in peculiar circumstances... it is proved that the accused assaulted the deceased without any intention and yet the deceased on account of the same succumbed to death,” the court said.

Finding insufficient evidence against the others, the court acquitted the six co-accused.