Mumbai: Bombay high court on Friday closed for judgement the appeal against the 2016 conviction of four accused in the 2011 Amboli double murder tragedy, where two young men lost their lives while allegedly defending two of their women friends from eve-teasers. The fatal assault had sent shock waves across the city and was followed by several campaigns seeking a safer environment for women. The victims were Keenan Santos (24) and Reuben Fernandez (29).The appeal hearing concluded before a division bench of Justice Sandesh Patil and Justice M S Karnik. The judgement date will be notified later.A special trial women’s court had in May 2016 sentenced the convicted four—Jitesha Rana, Sunil Bodh, Satish Dulhaj and Dipak Tival—to life imprisonment.The victims were attacked after a scuffle near a paan shop in Amboli, Andheri (W), on Oct 20, 2011. The duo was standing there along with some women friends when the group of men allegedly started harassing the women. That Keenan and Reuben were attacked after they protested against the harassment was proved, the trial court held.Lead senior counsel Sudeep Pasbola and counsel Yug Chaudhry and Gaurav Bhavnani argued in the appeal by the convicts that the alleged molestation “never occurred” and that the prosecution has therefore failed to prove the genesis and motive for the subsequent alleged armed assault.Chaudhry argued that it was a free fight and Pasbola contended that it was grave and sudden provocation and therefore the case fell within the exception of section 300 IPC and was not murder.One accused died in custody pending appeal. All accused were in custody since 2011.Special public prosecutor senior counsel Aabad Ponda, with advocate Gayatri Gokhale for an intervenor—Keenan’s mother—in the appeal before HC, argued that the prosecution case relies on witnesses, forensic evidence and direct witnesses to prove it was a premeditated assault following the confrontation after the women were harassed which led to their deaths.Keenan and another friend had confronted the accused and one accused was slapped, after which the accused left the spot extending death threats and returned with knives, a cricket stump and a big bamboo stick and launched the “fatal assault”, the prosecution said; the prosecution also argued before HC, refuting the free fight defence.A witness had first attacked and slapped the accused, the defence argued. A slap can never be ‘grave’ provocation nor can it be ‘sudden’ as they went and returned armed with weapons, the prosecution had argued.The injuries recorded upon Keenan included penetrating sharp-weapon injuries and death was attributed to haemorrhage arising from stab injuries, the SPP submitted.Defence counsel also said that the trial court was not empowered to sentence the convicts to the remainder of their lives. The prosecution conceded but said HC is empowered to do so.
