Mumbai: A special court on Tuesday acquitted absconding accused Dharmendrasing Choudhary, alias Dharmesh, in the murder of Neeta Naik, wife of alleged gangster Ashwin Naik, after finding that the prosecution failed to prove any link between the alleged conspiracy and him. Neeta, a BMC corporator, was gunned down outside her Chinchpokli residence in 2000, allegedly at the behest of Naik, who was lodged at Delhi’s Tihar Jail then. Naik, who was alleged to have ordered the murder after suspecting his wife’s character and upset over monetary disputes and another accused, Kishore Rajput, had already been acquitted in an earlier trial in 2009. Three others had been found guilty.Under section 356 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) the court can proceed with trials in absentia of an absconding accused. “There is no evidence to show that he procured or facilitated the procurement of the firearms used in the offence, harboured the assailants, participated in the conspiracy, or otherwise rendered any assistance in the execution of the crime,” Special Judge Satyanarayan R Navander said.According to the prosecution, unknown assailants entered the residence around 12.30 pm and opened fire. Her daughter found Neeta injured and informed the neighbour, who rushed to the flat and helped shift her to the hospital, where doctors declared her dead. The prosecution alleged that Choudhary was part of the conspiracy, helped provide arms and ammunition, and facilitated the travel and stay of the assailants in Delhi and other places.The present trial was conducted in Choudhary’s absence after the court noted that he had remained absconding since the incident and could not be arrested despite warrants and efforts by the authorities.After examining the evidence recorded in earlier connected proceedings, the court held that the homicidal death of Neeta Naik was proved.The court found that the evidence of the complainant and several panch witnesses established the incident, seizure of articles and other formal aspects, but did not connect Choudhary with the crime. The court also noted that witnesses examined to prove motive against Ashwin Naik either did not support the prosecution or spoke only about circumstances relating to Ashwin Naik and Neeta Naik.“There is no evidence to show that he procured or facilitated the procurement of the firearms used in the offence, harboured the assailants, participated in the conspiracy, or otherwise rendered any assistance in the execution of the crime,” the judge said.The court observed that none of the prosecution witnesses referred to Choudhary’s involvement. Acquitting him under MCOCA charges, the judge said, “Equally, there is no evidence to prove that he was a member of the organised crime syndicate allegedly headed by accused …Ashwin Naik or that he had acted in furtherance of the activities of such syndicate.”The court said the standard of proof remains unchanged even in a trial conducted in the absence of an absconding accused.
