The High Court of Karnataka on Tuesday acquitted five persons on the charge of murdering Mangaluru-based advocate Naushad Kashimji, who had represented Dawood Ibrahim’s alleged associate and sharp shooter, Abdul Rasheed Hassan alias Rashid Malbari.
A Division Bench comprising Justices Budihal R.B. and B.A. Patil passed the order while setting aside the November 25, 2015, verdict of the sessions court in Mangaluru, which had convicted all of them and sentenced three to life imprisonment.
The Bench pointed out that eyewitnesses had turned hostile and other witnesses had failed to establish the case of prosecution. It held that charges framed against them under the Arms Act, 1959, also could not be established owing to lack of evidence.
ADVERTISEMENT
In their appeal, the accused had claimed that the trial court had merely relied on the ‘confession’ statement even though all eyewitnesses had turned hostile.
The acquitted are Dinesh Shetty, Pratap Shetty and Ritesh L. alias Reetu, who were sentenced to rigorous imprisonment for life by the trial court on the charges of murder and illegal possession and use of a weapon, by which they had shot dead Naushad.
Two others, Subramanya alias Subbu, and Ganesh, who were convicted and sentenced to rigorous imprisonment for seven years for aiding the other three and helping them to destroy evidence, were also acquitted from all charges as the charge against the three main accused itself could not be proved by the prosecution. Other two accused, S. Shiva Prakash and Ravi Shukwai were acquitted by the trial court itself.
ADVERTISEMENT
Naushad was murdered on April 9, 2009, when he was leaving his apartment on Sturrock Road.
It was alleged by the police in the chargesheet that Ravi Poojari, an underworld operative, had engaged his aides — Dinesh, Pratap and Ritesh — to kill Naushad for appearing in a criminal case on behalf of Malbari. The police had also named Poojary and one Khali Yogish in the chargesheet but the trial court split the case against them as they were absconding.