Mumbai Special Court Discharges Photo Studio Owner in 2023 Gangster Murder Case
A special court in Mumbai designated under the Maharashtra Control of Organised Crime Act (MCOCA) has discharged photo studio owner Vishal Utekar from all charges, including murder and criminal conspiracy, in the 2023 killing of gangster Sumit Yerunkar. The court cited a lack of substantial evidence to proceed with the case, marking a significant development in this high-profile investigation.
Background of the Case and Arrest
On December 24, 2023, Sumit Yerunkar visited Vishal Utekar's photo studio in Mumbai to have his photographs taken for display on flex banners in the Chunabhatti area to celebrate his upcoming birthday. During this visit, five individuals arrived at the location and opened fire, resulting in Yerunkar's death. The Mumbai police subsequently arrested Utekar, alleging that he had tipped off the co-accused about the gangster's presence at the studio.
Initially, Utekar was listed as a witness in the case, as noted in a panchnama dated January 11, 2024. However, he was later made an accused based on police claims that interrogation of other suspects revealed his involvement in informing them of Yerunkar's whereabouts. This shift from witness to accused raised questions about the evidence linking him to the crime.
Legal Arguments and Court's Decision
Vishal Utekar, represented by his lawyer Prashant Pawar, argued that there was no concrete proof of his involvement in the murder or any organized crime activities. Key points in his defense included:
- The statement of the co-accused against him was not formally recorded.
- No call data records were collected to substantiate the tip-off allegations.
- No other evidence was provided to connect him to the organized crime syndicate.
The police opposed Utekar's discharge plea, asserting that there was sufficient evidence to frame charges against him. However, the court, presided over by special judge N R Pradhan, found that the investigating officers admitted to not presenting crucial evidence, such as call records or a confession statement from the co-accused, to support the allegations.
In its ruling, the court emphasized that Utekar had no prior criminal cases against him and was not mentioned as an accused in the initial MCOCA approval order. Judge Pradhan stated, "Considering all the above aspects, I conclude that there is no sufficient ground for proceedings further against the applicant/accused." This decision highlights the importance of robust evidence in legal proceedings, especially under stringent laws like MCOCA.
Implications and Broader Context
This case underscores the challenges in prosecuting individuals under organized crime legislation without clear and verifiable evidence. The discharge of Vishal Utekar may prompt scrutiny of police investigation methods and the handling of witness-to-accused transitions in sensitive cases. It also reflects the judiciary's role in ensuring that charges are based on factual proof rather than mere allegations, safeguarding against potential miscarriages of justice.
As the legal proceedings continue for the other accused in the murder of Sumit Yerunkar, this ruling serves as a reminder of the critical need for thorough and transparent investigative processes in criminal cases, particularly those involving serious charges under acts like MCOCA.
