Mumbai: The sessions court has convicted a 22-year-old man for culpable homicide not amounting to murder for killing a 19-year-old youth following a fight in a public toilet in Dharavi. Additional Sessions Judge R J Pawar sentenced the accused, Kismat Hasem Shaikh, to seven years of rigorous imprisonment and imposed a fine of Rs 3,000. In default of payment, he will undergo an additional three months in jail.
Incident and Trial Details
On July 10, 2016, the victim, Prashant alias Prafulla Balasaheb Londhe, allegedly got into an argument with Shaikh over cleanliness at the toilet. During the altercation, Shaikh assaulted him. Londhe was taken to Sion Hospital, where he was declared dead. Dharavi police initially registered a case of murder. During the trial, the court examined eight witnesses.
Public prosecutor M S Choudhary submitted that the prosecution relied on circumstantial evidence and related eyewitness testimony, as there was no direct eyewitness to the assault.
Court's Reasoning
In its judgment, the court held the prosecution failed to establish beyond reasonable doubt that the accused had the intention to cause death, a key requirement for a murder conviction. However, it found that the evidence proved Shaikh had engaged in a physical assault during a sudden quarrel. The court noted the incident occurred in a confined space and the accused offered no explanation for the injuries sustained by the victim. Evidence showed abrasions along with internal brain congestion and edema. Doctors testified such internal injuries could result from an assault even in the absence of significant external trauma.
