Murder case evidence is bone of contention; accused gets bail
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HC says no proof that bones found by police were of a human being
Ten months after a Virar resident was arrested by the Thane police after they recovered the bones of a man he allegedly murdered, the Bombay High Court on Monday observed that there was nothing to prove that the bones were that of a human being, let alone the murdered man.
Granting bail of Rs 40,000 to Mohammed Murtaza Aslam (33), Justice A M Thipsay said, "It is not even clear whether they are human bones. This recovery is bogus."
According to the prosecution, officers of the Manikpur police station in Vasai, after receiving a tip-off, found the hacked parts of a man's lower body in a plastic bag near the Naigaon railway station on November 18, 2011.
Aslam's brother-in-law Mohammed Alam was arrested by the police on November 21, 2011. According to the police, Alam had killed a Nalasopara resident Tabrak who had allegedly raped his sister. He had hacked Tabrak's body, stuffed the parts into three plastic bags and disposed them at different locations. The police claimed that Alam's arrest led them to the second plastic bag that contained the torso of the deceased.
Aslam was arrested on January 6, after which the police claimed they found the final plastic bag that contained the head and hands of the deceased.
The murder was, however, believed to have been committed a long time before the first bag was found.
Aslam's lawyers Satyavrat Joshi and Amol Joshi argued that the identity of the body recovered was not established by the police. They said the DNA test reports in the case had still not arrived.
The defence submitted that there was no motive attributed to Aslam for the alleged murder, except for his association with Alam. They contended that Aslam had been languishing in jail since the beginning of the year and the trial court had not even framed charges in the case.