**Thane: Five Acquitted in 1992 Murder Case Due to Delay, Missing Evidence, and Key Witness Inability to Testify**
The Kalyan Sessions Court has acquitted five men accused of murdering a 25-year-old man in 1992, citing the decades-long delay, loss of critical evidence, and the inability to examine the prime witness as factors that fatally weakened the case.
### Complainant Could Not Depose
Additional Sessions Judge P. F. Sayyad noted that the complainant, who was also the key witness, is now 74 years old and suffers from Parkinson’s disease and memory loss. Due to his condition, he was unable to testify even via video conferencing.
“Prosecution failed to prove the complaint against the accused persons,” the court stated, pointing out that the witness was “not in a position to speak well” and could not provide any statement regarding the incident.
### Background of the Case
According to the FIR filed in April 1994, the accused—Suresh Dinanath Upadhaya (25), Gautam Mahadev Gaikwad (23), Mohiddin Siddhique Khan (20), Kanahayya Basanna Koli (24), and Kumar Chetumal Nagrani (24) (ages as per FIR)—were alleged to have fatally attacked Lucky Premchand Bhatia on December 16, 1992.
Bhatia was riding his scooter near Samrat Ashok Nagar, close to a public toilet and a grocery shop, when he was reportedly attacked from behind with knives and sharp weapons on both thighs. Despite attempting to flee to a nearby shop, Bhatia collapsed after crying for help and later succumbed to his injuries.
### Delay and Missing Records Weaken Case
Initially, the complaint was filed against unknown assailants. The accused were later named in supplementary statements, and a charge sheet was filed. They were arrested and granted bail but later absconded, leading to the issuance of non-bailable warrants (NBWs) and proclamations under Section 299 of the Criminal Procedure Code.
The court noted that the case suffered significantly due to the long delay in securing the accused and the deterioration of crucial evidence. Key documents, including the postmortem report, were missing from the records, while the original spot panchanama and witness statements were in a “torn condition,” forcing the court to rely on Xerox copies.
### Court’s Observations
Rameshwar Gavai, a panch witness, testified that he was present when police collected blood and soil samples from the scene near Mahaveer Grocery Shop. However, the prosecution failed to examine other key witnesses who could have corroborated this evidence.
“The available evidence on record does not bring home the guilt of the accused… Keeping the case pending in the absence of original readable papers is not warranted. Hence, the accused are entitled to be acquitted,” the court said in its order.
### Final Order
The court ultimately acquitted all five accused, remarking on the futility of continuing a trial that stretched over three decades without original documents and with absent witnesses.
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https://www.freepressjournal.in/mumbai/kalyan-sessions-court-acquits-5-men-in-1992-murder-case-of-25-year-old-citing-delay-missing-evidence-and-witness-inability