Asessions' court on Wednesday acquitted a 21-year-old of charges of pushing filmmaker Sajid Nadiadwala's fatherin-law off his fourth floor Versova apartment in 2012. The judgment was delivered after a number of questions were raised on the authenticity of the police's version of the case.
The accused, Shahjeb Khan, who was then a student, was charged with murdering his uncle Aziz-al-Rehman Khan by pushing him off his Seven Bungalows home.
According to the police, on October 9, 2012, Aziz, who lived on the second floor of Sourabh Building, went to see his younger brother Khalid Khan, who lived on the fourth floor of the same building. Shahjeb, who opened the door, told Aziz that his father was away. Shahjeb and his uncle then got into an argument, following which he allegedly shoved Aziz out of the window, resulting in his death.
Aziz's son Mohsin filed a complaint with the Versova police, alleging that Shahjeb had murdered his father. Following this, an FIR was registered and Shahjeb was arrested.
However, in their argument the defence alleged that Aziz was not murdered, but committed suicide due to depression. The defence further argued that Mohsin had 10 criminal cases registered against him and his father was reportedly unhappy with him marrying a Hindu.
The defence said it was not Mohsin, but Shahjeb that took Aziz to hospital after the fall. "A medical expert, who was also examined in court, said had Aziz been pushed he would have landed on his face, but Aziz had sustained maximum injuries on his legs," said Niranjan Mundergi, the defence council.
For the past two years, Shahjeb's family and relatives had maintained his innocence and that the cops had falsely implicated him. They had even carried out protests after his arrest.
Although 11 witnesses, including Aziz's son Mohsin, daughter Wardha, the wife of Sajid Nadiadwala, and a medical expert were examined, there was not enough evidence to prove Shahjeb guilty.
Shahjeb, in his defense examined only his aunt, who happened to be present at the time Aziz fell off. In her statement, she said that she was speaking to Shahjeb in another room when they heard a loud thud. When Shahjed realised it was his uncle who had fallen off, he rushed to his aid and took him to hospital.
"She told the investigating officer that her statement should be recorded as she was in the same flat and they were making a huge mistake. In fact, in his cross-examination the investigating officer revealed that the prosecution's case would have fallen had they examined her," said Mundergi.
The accused, Shahjeb Khan, who was then a student, was charged with murdering his uncle Aziz-al-Rehman Khan by pushing him off his Seven Bungalows home.
According to the police, on October 9, 2012, Aziz, who lived on the second floor of Sourabh Building, went to see his younger brother Khalid Khan, who lived on the fourth floor of the same building. Shahjeb, who opened the door, told Aziz that his father was away. Shahjeb and his uncle then got into an argument, following which he allegedly shoved Aziz out of the window, resulting in his death.
Aziz's son Mohsin filed a complaint with the Versova police, alleging that Shahjeb had murdered his father. Following this, an FIR was registered and Shahjeb was arrested.
However, in their argument the defence alleged that Aziz was not murdered, but committed suicide due to depression. The defence further argued that Mohsin had 10 criminal cases registered against him and his father was reportedly unhappy with him marrying a Hindu.
The defence said it was not Mohsin, but Shahjeb that took Aziz to hospital after the fall. "A medical expert, who was also examined in court, said had Aziz been pushed he would have landed on his face, but Aziz had sustained maximum injuries on his legs," said Niranjan Mundergi, the defence council.
For the past two years, Shahjeb's family and relatives had maintained his innocence and that the cops had falsely implicated him. They had even carried out protests after his arrest.
Although 11 witnesses, including Aziz's son Mohsin, daughter Wardha, the wife of Sajid Nadiadwala, and a medical expert were examined, there was not enough evidence to prove Shahjeb guilty.
Shahjeb, in his defense examined only his aunt, who happened to be present at the time Aziz fell off. In her statement, she said that she was speaking to Shahjeb in another room when they heard a loud thud. When Shahjed realised it was his uncle who had fallen off, he rushed to his aid and took him to hospital.
"She told the investigating officer that her statement should be recorded as she was in the same flat and they were making a huge mistake. In fact, in his cross-examination the investigating officer revealed that the prosecution's case would have fallen had they examined her," said Mundergi.
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