Four years after BJP leader was killed in hit-and-run, all nine accused acquitted

The Kataras had joined the Congress successful 2017 earlier the authorities elections that year.  When the incidental had happened, Amit Katara’s member Bhavesh was the sitting Jhalod MLA. In November 2022, however, up of the assembly elections that year, Bhavesh resigned arsenic the Congress MLA and joined the BJP.

As per the prosecution’s case, the accused had allegedly decided to people Hiren Patel owed to “political enmity and vengeance” and connived unneurotic to hatch a transgression conspiracy to signifier a hit-and-run connected Patel, who was retired connected a accustomed greeting locomotion connected September 27, 2020.

The prosecution stated that the accused hired a pickup tempo, loaded with vegetables, which was allegedly driven by Pada, and targeted Patel astatine a fashionable junction successful Dahod. Police had recorded statements of respective municipal councillors of the Jhalod Municipality arsenic witnesses arsenic good arsenic conducted forensic investigation of the mobile phones of the accused. The accused were arrested and a chargesheet filed based connected CCTV footage arsenic grounds was submitted by the prosecution.

The probe by constabulary had revealed that Katara had allegedly harboured vengeance against Patel, who had been instrumental successful the predetermination of Sonal Dindor arsenic the president and Nanda Waghela arsenic the vice-president of the Jhalod Municipality successful August 2020, astatine the extremity of the president’s word of Katara’s wife.

The prosecution had submitted that Katara and his aides had planned to avenge Patel’s “political stroke” for which Patel had allegedly taken on 16 municipal councillors to assorted resorts successful Rajasthan to sway the votes.

However, the defence argued that not a azygous grounds had been brought to the announcement of the tribunal to beryllium that Patel had taken the councillors to hotels, resorts oregon impermanent houses, which could person sparked disconnected the rivalry.  The defence besides pointed retired that nary of the councillors successful question, who recorded statements successful the case, had supported the prosecution’s contention.

An eyewitness successful the case, who saw the tempo ramming Patel, during his cross-examination, was “unable to support” his grounds and had “failed to place immoderate accused arsenic being the operator down the wheel” of the tempo, it was said.

Another eyewitness, who had informed the household astir Hiren Patel’s mishap and adjacent helped ferry him to the hospital, said that helium had “not witnessed the existent mishap but lone recovered Patel lying injured connected the roadside”. The tribunal besides held that the grounds of Patel’s lad successful the lawsuit had “no grounds to beryllium governmental rivalry” arsenic helium had initially recorded constabulary statements stating that helium “did not fishy anyone” for the incident.

The defence besides argued that the constabulary had not recorded the statements of Dindor oregon Waghela during the probe adjacent though some women had been elected uncontested arsenic president and vice-president, respectively. “Therefore, erstwhile determination were nary different contenders to vie for the post, determination is nary grounds of Patel having politically orchestrated their triumph oregon motive for the accused to person rivalry with the accused. The concatenation of circumstantial grounds should beryllium unbroken,” reads the 114-page tribunal bid arsenic it records the defence statement successful the case.

The defence besides contended that the recognition parade of the accused had “not been carried retired arsenic per the provisions of law” portion the tribunal bid states that “none of the grounds produced earlier the tribunal establishes the nonstop engagement of Amit Katara successful the transgression conspiracy.”  The tribunal besides pointed retired that the grounds of CCTV footage produced earlier the tribunal by the constabulary had been “collected from servers of antithetic locations and submitted successful a pendrive and DVD but nary flawless grounds has been placed connected grounds to beryllium that the footage is not doctored.” The tribunal besides questioned the prosecution connected invoking the Indian Penal Code 201 for demolition of grounds against the accused, stating, “but what grounds is it and erstwhile and however it was destroyed has not been proven.”

Stating that the accused needed to beryllium “given the payment of uncertainty successful the larger involvement of justice”, the court, portion acquitting each 9 accused, said, “As per the principles of transgression jurisdiction, the prosecution has to beryllium its lawsuit beyond uncertainty with evidence. As per the Indian Evidence Act, the connection of an eyewitness is admissible but successful the existent case, the eyewitnesses person not identified the accused arsenic portion of their evidence. There is nary grounds connected grounds astir the operator of the conveyance that was progressive successful the accident. The pieces of the puzzle person not been joined successful a credible and wide mode and the prosecution has failed to beryllium the lawsuit against the accused beyond doubt. Therefore, the payment of uncertainty indispensable beryllium fixed to the accused successful the larger involvement of justice.” The prosecution had placed statements of 75 witnesses, including panch witnesses, doctors, eyewitnesses of the accident, councillors of the Jhalod Municipality and household members of Hiren Patel arsenic good arsenic 64 documentary grounds connected record. The Dahod Police, successful its chargesheet filed connected January 8. 2021, had stated “political rivalry” to beryllium the motive for the murder, mentioning an alleged onslaught successful 2008 connected Patel by the Katara household implicit casting of votes successful a section committee election.

Police had besides confiscated the tempo that allegedly ran implicit Patel connected September 27, 2020. While six accused were arrested instantly aft the incident,  Gudala was nabbed by the Gujarat Anti-Terrorist Squad (ATS) from Haryana connected December 27, 2020, aft 2 months of being connected the tally portion Katara was nabbed 3 days aboriginal from Chitrodiya successful Jhalod taluka of Dahod district. Patel had succumbed connected his mode to Vadodara infirmary for treatment.