Mumbai man’s dying declaration sends his killers to prison for life
The four killers, all brothers, stabbed the man to death over a a long-standing family disputemumbai Updated: Feb 01, 2018 10:38 IST
A sessions court in the city sentenced four brothers to life imprisonment on Wednesday for stabbing a mandap decorator to death in Malwani, Malad over a long-standing dispute. Victim Ismail Memon’s “dying declaration” on the way to the hospital before he breathed his last was a piece of evidence that played a key role in the men’s conviction, the prosecution said.
On August 27, 2013, 42-year-old Memon was talking to a woman around 4.30 am near his house at New Collector's Compound in Malwani when the accused accosted him, as per the prosecution's case. First, one of the accused walked up to him and picked up a fight. When Memon drove him away, the accused returned with three other men, who the police later identified as his siblings.
"The accused stabbed Memon so brutally in the stomach that his intestines came out. Memon and the accused’s family have had many fights since 2009 over the development of the area," said an officer.
Public prosecutor KY Salunke told the court that the accused had previous enmity with Memon and had attacked him in the past as well. Two cases were registered against them for attacking Memon prior to the murder case.
During the course of the trial, three witnesses turned hostile including the woman Memon was talking to and the other eye witnesses. The prosecution said they relied on the “dying declaration” given by the victim. "After Memon was attacked, one of the witnesses informed his family and he was rushed to a nearby hospital. While being taken to the hospital, Memon told his brothers who killed him and why," the prosecution said.
Sessions judge DK Bhende convicted Rustam Khan, 26, Amir Khan, 24, Nazir Khan, 22, and Salman Shaikh alias Salman Mohara, 24, on charges of murder and sentenced them to life imprisonment on Wednesday. Their mother Masoom who was also arrested in the case has been acquitted. Mohara is the cousin of the Khan brothers, officials said.
Defence advocate Sudeep Pasbola said, “We will immediately approach the Bombay high court as there is nothing except the oral dying declaration.”