Assault case: 5-yr RI for man, 2 others get relief

Thane, Sep 2 (PTI) A 22-year-old youth was awarded fiveyears rigorous imprisonment after being held guilty ofculpable homicide not amounting to murder for the death of aperson following a scuffle over a mobile phone. Ray Kalicharan Karotiya (22), Saroj Madan Karotiya (36)and Mayur Shridhar Salvi (25) had on February 1, 2014 attackedVijay Sarpate, who later died in hospital during treatment,Additional Public Prosecutor Naina Kamthe said. The three were tried on charges under IPC sections 304read with 34 and relevant sections of the Bombay Police Act. Sarpate had given Rs 500 to Prem Karotiya who mortgaged amobile phone with him. Later, Prem returned Rs 500 and when heasked for his phone, Sarpate allegedly demanded Rs 2,000 fromhim. This led to an altercation between them following whichMayur, Ray and Saroj assaulted Sarpate. Also, Ray allegedlystabbed Sarpate in the chest with a knife. The prosecution said Sarpate lost his life over a meagreamount and the accused committed a very serious offence, anddemanded maximum punishment to all the three. However, the defence counsel said the quality of evidencecreates doubt and submitted that there was a single blow.Hence, the offence cannot be termed as murder, and at the mostit would fall under IPC section 304 (II) (culpable homicidenot amounting to murder). District Judge A S Bhaisare noted that no copy ofprohibitory order under Bombay Police Act was put on record.The investigating officer also did not make a mention of it. The judge observed that considering the facts andcircumstances of the matter, and evidence on record, theprosecution has proved the offence under IPC section 304 (II)against Ray Karotiya and under IPC section 323 (voluntarilycausing hurt) against accused Saroj and Mayur. However, he noted that the prosecution failed to provethe offence of murder under IPC section 302 against any of theaccused. The judge said Ray carried a knife with him. Duringquarrel, he stabbed Sarpate in his chest that led to hisdeath. So, he is not entitled to any leniency and rigorousimprisonment for five years will meet the ends of justice. He also observed that considering the offence provedagainst Saroj and Mayur, instead of sending them to jail, theyneed to be given a chance to become useful members of societyunder the Probation of Offenders Act. Hence, the judge recently ordered them to be releasedand kept under observation of District Probation Officer forone year. PTI CORR GKGVSRYS