27 June,2019 11:01 AM IST | | Chaitraly Deshmukh
Photo of the accused duo
In a major murder trial of a terror suspect who was killed by a Pune-based notorious goon at Yerawada Central Prison in 2012 for allegedly planting and creating a bomb at the city-based famous Dagaduseth Ganapati temple was acquitted by Additional Session judge S H Gwalani on Wednesday.
The acquitted people were identified as Sharad Hiraman Mohol (35), an autorickshaw driver and a resident of Kothrud and his accomplice Alok Shivaji Bhalerao (32), Mulshi. Both were arrested by the Pune police from Yerawada Central Prison. Both the accused are notorious goons and had killed people in gang wars and land issues previously.
The Delhi police intelligence team in 2012 had detained Mohammad Katil Siddique (27) in a terror suspect linkage. During the interrogation, Katil had confessed on February 13, 2010, that he was assigned the task of planting the bomb at Pune's famous Dagausheth Ganpati Temple on the same day when there was another bomb planted at Koregoan Park-based German Bakery in which 17 people including 12 foreign nationals were killed.
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Katil had also confessed that the bomb he carried with him in a bag, was placed by him near a hawker, but was asked to take it away. A frightened Katil then took the bag with him while travelling to Mumbai and threw the bomb at Worli Sea face area in Mumbai, the same day.
Katil was later handed over to the Pune Anti Terrorist Squad who was investigating the German Bakery bomb case in which Yashin Bhatkal was the key accused. Earlier, the special judge had awarded capital punishment to Himayat Baig.
As per the prosecution's case, "On June 8, 2012, the prison officer at Yerawada Central Prison had lodged a complaint against Mohol and Bhaleroa for killing Mohammad Katil Mohammad Jafir Siddique at the Anda cell of YCP around 9.45 am. Katil was an undertrial prisoner of the ATS and the other two suspects in the case were also undertrial prisoners kept in Anda cell - considered the high-security cell of the prison.
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"Around 9.45 am the deceased was then moving around in the open space of the cell and was talking to the suspect Bhalerao. Both had a heated argument and exchanged language. Later, both threatened each other with murder. Katil then claimed that he can commit murder as he carried out a bomb blast at Jama Masjid in Delhi and another one in Bengaluru. Later, he confessed that he attempted to blast at Dagaduseth temple and the cops could not do anything about it. Katil had further mentioned that he will not die unless he finishes his incompleted (bomb blast)."
It further mentioned, "The suspect duo also came to know that he would be going to Delhi and would not return. Mohi then strangulated Katil with a string from shorts while his accomplice Bhalerao caught hold of Katil. After the murder, they burnt the string and threw the ash in the toilet. This incident was witnessed by top security Division Akbar Shaikh and Balu Waghire."
Additional Public prosecutor Vilas Ghogare Patil said that additional sessions Judge S H Gwalani gave the benefit of the doubt to both. During the trial, six key witnesses in the case, including some jail inmates, turned hostile leading to dilution of the prosecution's case.
"The extra-judicial confession of Mohol, which was in the presence of the jailer, was disbelieved by the court. The court termed the circumstantial evidence, as not reliable," he said.
Defence lawyer Prakash Suryawanshi argued, "The arrested suspect's confession to the jail officer was extrajudicial. Meanwhile, the prosecution has failed to establish the motive as well as the material used for killing the deceased. The statement given by the complainant and the witness is contradictory".
Judge Gwalani said, "The unfortunate incident occurred despite the fact that the deceased Katil was kept in Anda cell (higher security). It indicates the negligence on the part of jail authorities in providing safety and security for the prisoner under them. It appears that deceased Katil was the accused of ATS. Though there is some material against the accused, the prosecution failed to elevate the case. In a criminal case, suspicion, however strong, does not substitute proof."
Both were acquitted in the case as the six prosecution witnesses in the case turned hostile.
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