Maharashtra court discharges 8 accused in 2000 assault case due to their prolonged absence

Thane: A court in Maharashtra's Thane has discharged eight accused in an assault case that remained unresolved for over 24 years due to their prolonged absence, and directed the police to trace them so that a fresh chargesheet can be filed.

The judgment was delivered by Additional Sessions Judge Amit M Shete on July 24 and the copy of the order was made available on Friday.

The case originated from an incident reported on April 22, 2000, when Ramnath Gaydhani, a security supervisor for Kalpataru Builders, was allegedly attacked with wooden logs by Chhotelal Dudhnath Verma and seven to eight others. In the violent altercation that followed, Jayaprakash Dubey, one of Gaydhani's colleagues, was injured.

Despite the seriousness of the charges under Indian Penal Code (IPC) sections 143 (unlawful assembly) and 148 (rioting) and 307 (murder attempt), which was later elevated to section 302 (murder) with the death of the victim, the trial faced significant delays as the accused, construction workers without permanent addresses, were untraceable for years.

Dubey was hospitalised following the attack and Gaydhani lodged a complaint in this regard.

Efforts by the court and police to secure their presence proved unsuccessful and non-bailable warrants were issued against them in July 2012. With the prolonged absence of the accused and the sureties, the judge said continuing the trial was no longer feasible.

The court discharged the eight accused and directed the Vartak Nagar police to locate them and file a supplementary chargesheet if they are apprehended.

The discharged accused are Chhotelal Dudhnath Verma, Gaurang Ravindra Vishwas, Kamal Dahyabhai Wadidedhia, Vishnu Buddheshwar Sarkar, Hanumanta Narsaiyya Chavan, Pappu Ananda Ingavale, Shriram Ramkishor Sharma and Ramchandra Gangadhar Sahani.

In his order, the judge noted that the accused persons were labourers on the construction site without having any permanent place of residence.

"Even the sureties seem to have changed their addresses. Now it appears that securing the presence of the accused or their sureties is not possible in the near future. Thus, the accused can be discharged and directions can be issued to the concerned police to locate the accused and produce them along with the supplementary chargesheet," the court said.