E-Paper
Pansare murder case: Court rejects discharge application of Tawade, Andure
Special public prosecutor Harshad Nimbalkar argued that maximum evidence is against Tawade being a conspirator
Additional sessions judge Kolhapur BD Shelke has dismissed the discharge application filed by accused Virendrasingh Sharadchandra Tawade and Sachin Prakashrao Andure under Section 227 of the Code of Criminal Procedure (CrPC) for discharge in connection with rationalist Govind Pansare murder case.
Both in their respective applications contended that the prosecution story from first chargesheet arising out of statements of witnesses, CCTV camera footage is that there were two assailants who came on a bike and shot the Pansare couple. According to the prosecution case, of these two assailants one was Samir Gaikwad. According to the prosecution case, eyewitness Atharv Shinde has identified accused Gaikwad in a test identification parade to be a pillion rider.
The prosecution alleges the involvement of the arrested duo in the conspiracy, but not of Gaikwad. On the contrary, the prosecution case shows that other absconding accused Vinay Baburao Pawar and Sarang Dilip Akolkar were the shooters. Thus, the prosecution story shows all four were part of the alleged crime, but there is no evidence to show that they met each other. As per contention of Tawade and Andure, the elements of conspiracy must be proved, the order stated
The duo contended that the supplementary chargesheet is not in consonance alignment of the primary charge sheet as it does not show further investigation, but re-investigation which is not permissible in law.
“I do not find much substance in these arguments advanced on behalf of Tawade. It reveals that in the present case the accused have not been prosecuted for the offences against the State and for criminal conspiracy to commit such offences against the State. The material placed on record suffices to hold that there is sufficient material on record and sufficient grounds for proceeding against the accused for the charges levelled on Tawade and Andure. Hence, there are no grounds to discharge the accused,” the order stated.
Special public prosecutor Harshad Nimbalkar argued that maximum evidence is against Tawade being a conspirator.
