Court acquits hawker of attempt to murder charge

A 21-year-old hawker has been acquitted of assault and attempted murder after his neighbor passed away during the trial. The court found no direct evidence against the accused.

MUMBAI: The sessions court has acquitted a 21-year-old hawker booked for assault and attempted murder of his neighbor while being under influence of drugs in Govandi in 2018. The victim, Wasim Beig, passed away during the trial.

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Additional sessions judge A S Salgar held that there was no direct evidence on record showing the accused Samiulla aka Jagu Khan assaulted the victim and his daughter. The prosecution had failed to examine the medical officer about the victim’s injuries and hence, was unable to prove that he sustained injuries due to assault by the accused.

According to the prosecution, the incident occurred on 21 September 2018 at 11.30pm when the victim (complainant) Wasim Beig was sitting in front of the house. Samiulla approached Beig and questioned him regarding providing his whereabouts to the police. When Beig denied the accusation, Samiualla assaulted him with fists and kicks. Scared, Beig started shouting which gathered a crowd, including his neighbor Noorja Khan and his married daughter Shamshad Banu. Khan and Banu tried to stop Samiulla but he assaulted them too and then attacked Beig with a knife on his head and forehead. In an attempt at saving himself, Beig raised his hand, leading to injuries on both his hands and left cheek.

The accused further threatened the crowd that if anyone tried to intervene and save the victim, he would kill them too. This created chaos and onlookers left the scene, claimed the prosecution. Beig was later taken to Shatabdi hospital.

Samiulla was subsequently booked under sections 307 (attempt to murder), 323 (voluntarily causing hurt) and 504 (intentional insult with intent to provoke breach of the peace) of the Indian Penal Code and section 37(1)(A) (power to prohibit certain acts for prevention of disorder) of the Maharashtra Police Act, 1951.

On November 4, the court held that the prosecution had failed to present any cogent and reliable evidence to prove the occurrence of the incident and acquitted the hawker.