The Nagpur bench of Bombay high court on Tuesday referred back a petition of death sentence to the lower court citing that the "convict
failed to get enough chances to prove his credentials." Shatrughan Nimbalkar was accused of kidnapping and killing a two-year-old boy in Khamgaon.
A division bench comprising justices A P Lavande and P B Varale directed the Khamgaon sessions court to decide the case before August 30.
The case pertained to Shubham, son of Shrikrishna Fundkar, a relative of leader of opposition in the Maharashtra Legislative Council Pandurang Fundkar. The child was found brutally murdered under mysterious circumstances on August 28, 2004. A court of additional sessions judge A Z Telgote pronounced capital punishment to Nimbalkar on May 12 last year. Looking into seriousness of the case, the government had even appointed renowned lawyer Ujjwal Nikam as special public prosecutor.
Shubham's killing was earlier believed to be a result of witchcraft as coconut and some other material related to worship was found near the body, but later on it came to light that the murder took place for ransom.
After the Khamgaon sessions court's verdict, the case came before the Nagpur bench for confirmation of death sentence. The bench, while referring back the case, cited three discrepancies in the lower court's ruling.
The high court bench observed that accused Nimbalkar's statement and documents as well as witnesses testimony based on Code of Ciminal Procedure (CrPC) were not taken into account while giving a ruling. Moreover, out of 14 witnesses, the accused was allowed to cross check only one. Additionally, the death penalty was not based on earlier charges of kidnapping under Indian Penal Code (IPC) which is mandatory as per CrPC.
The bench also observed that the accused had full rights to cross check witnesses and examines proofs, but he was not allowed to do so.