Noose for 2 for lock-up murder

A division bench of Justice V P Tipnis and J A Palkar heard the criminal appeal against the death sentence and life term. The case was argued for eleven days. The hearing started on June 24 ’97.

The accused were represented by senior counsel R D Ovalekar along with Rajendra Desai and Kiran Kapoor and S R Pasbola. The prosecution counsels were Rajiv Patil and Vijaya Kapse Tahilramani.

Around eight persons had stormed the Jacob Circle lockup around 3.30 am on March 5 ’97. They were armed with bombs and revolvers. Four of these accused came to the cell where Babu Reshim was kept and asked constable Uttam Gharte to hand over the keys.

As the constable resisted, the accused fired at the wire mesh, broke open the cell lock and shot Reshim. Babu Reshim died on the spot. One constable died in the firing, while three others were injured. The event was witnessed by Gharte, his associate Ashok Chankra Narayan, constable Sawant, and accused in adjoining cell Mohammed Shakil Ansari.

According to the division bench, Gohar and Maheshkar were sentenced to death since they were fully identified as a part of the “unlawful assembly” that killed Babu Reshim. However, Sankat and Vinod Mariya’s actual involvement in the crime is subject to doubt. “Evidence falls short to prove their involvement. So their appeal is allowed,” the ruling said.

The judges have also come down heavily on the “connivance of the police” in the commission of this offence. “The police machinery has failed due to super-terrorist forces. The crime was not possible without connivance of the police constables on duty, especially the manner in which it took place..”The judges further said, “It Noose for 2 for lock-up murder defies our understanding and imagination as to how a single armed guard did not offer any resistance when the accused escaped from the scene.”

The judges said they were amused about the fact that even though the lock up was guarded from all sides, and surrounded by the office of the Assitant Commissioner of Police, the murderers managed to get away.

The judges termed it “rarest of rare cases showing extraordinary contempt towards law and lawful authorities like state government and police. "It throws challenges to not only the police, but also the entire police staff.”

They further added that “even if the aspect of police connivance is true, the crime is so huge and unusual that it warrants the extreme punishment of death sentence.”