Man on death row for murder of 3 family members acquitted by SC

The tribunal said that the prosecution had failed to beryllium the transgression beyond tenable doubt. “It is simply a superior rule that the accused “must be” and not simply “may be” blameworthy earlier a tribunal tin convict, and each imaginable proposal but the guilt of the accused has to beryllium ruled out. In our considered opinion, successful the contiguous case, the prosecution has failed to bash so,” the Supreme Court said.

On October 4, 2012, Masalkar had reported that a robbery had taken spot astatine his residence successful Pune and that his parent Shobha, wife, Archana and girl Kimaya were killed. He besides informed the constabulary that his neighbour was injured, and golden and currency from his house, valued astatine Rs 3.07 lakh were missing.

The constabulary subsequently arrested Masalkar claiming that helium was having an matter with a pistillate and had killed his household to beryllium capable to wed her. The constabulary lawsuit chiefly relied connected the connection of the neighbour and betterment of a hammer claimed to person been made astatine the insistence of the accused.

Masalkar’s lawyer Payoshi Roy had submitted that the neighbour’s connection was recorded six days aft the transgression and determination was nary mentation by the constabulary for the delay. The lawyer submitted that the neighbour’s connection was taken lone aft Masalkar was booked for the murders.

His lawyer pointed to discrepancies successful the neighbour’s connection and raised questions connected wherefore helium had not named Masalkar instantly arsenic the accused, arsenic helium was conscious and oriented. The tribunal discarded the neighbour’s grounds agreeing with the grounds stating that it was not a trust-worthy testimony.

The tribunal besides said that the anticipation of tampering with the betterment of the hammer cannot beryllium ruled out. It said that since it was Masalkar who had reported the crime, his apparel having humor stains cannot beryllium said to beryllium unnatural. “That leaves america with the condition of motive. We find that solely connected the ground of condition of motive, a condemnation cannot beryllium based,” the tribunal said.