The Bombay High Court affirmed an auto-rickshaw driver's conviction and life sentence for murdering a traffic police constable in November 2010 after the latter handed him a 'challan' for breaking traffic laws. In its ruling on Tuesday, Justices S S Shinde and S V Kotwal said they were satisfied that there was strong evidence against the accused and that eyewitness testimony was compatible with the victim's deathbed declaration.
The appeal submitted by the convict, Mahendra Kumar Kewat, was dismissed by the bench, which was appealing the trial court's ruling from October 2012 convicting him on murder charges and sentencing him to life in prison. Kewat was found guilty of assassinating traffic cop Anil Aitewadekar, who had issued him a challan for violating traffic laws and not having the proper vehicle documentation.
The High Court based its decision on the victim's dying declaration, in which he stated that he had asked the accused for his licence and other documentation on the day of the occurrence. When the accused admitted that he lacked the necessary documentation, the dead took his driver's licence and issued him a 'challan.'
The accused then walked away, only to return later. He drenched the victim with gasoline, placed a shirt over him, and then set him on fire. The victim was taken to the hospital but died three days later. "The deathbed declaration is consistent with the eyewitness accounts and is sufficiently proven. This dying declaration is almost devoid of flaws "According to the court.
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