Bombay HC upholds conviction of five out of six accused in Anna Lashkare murder case | Aurangabad News – Times of India


CHHATRAPATI SAMBHAJINAGAR: The Bombay High Court (HC) bench at Aurangabad has upheld the trial court’s judgment to the extent of convicting five accused but has acquitted the sixth accused in the 2011 murder of criminal on police record Anna Lashkare.
On May 18, 2011, Lashkare, a resident of Nevasa in Ahmednagar district, was shot dead by three men in what initially seemed to be a road rage incident at Nagar Naka in Aurangabad (now Chhatrapati Sambhajinagar) while he was travelling to Shrirampur, also in Ahmednagar district, in a car with his wife, three kids and a boy from his neighbour’s family.
The murder had then caused a law and order issue in Ahmednagar and Aurangabad as Lashkare was also associated with a political party and the crime was a fallout of rivalry between two groups.
In the ensuing investigation, the Cantonment police of Chhatrapati Sambhajinagar (Aurangabad) city had arrested six men – Raju Jahagirdar, Shaikh Ejaz Jahagirdar alias Munna, Shaikh Jawed alias Sheru, Muneer alias Munna Pathan, Syed Sarfaraz and Shaikh Mushtaq and filed a chargesheet against them in the trial court, for criminal conspiracy, murder and other charges. The trial court convicted all the six accused, following which they moved an appeal before the HC.
The HC bench of Justice R G Avachat and Justice R M Joshi ruled on Thursday, “In our considered view, evidence led by prosecution conclusively proves that accused no. 2, 3, and 4 (Shaikh Ejaz, Shaikh Jawed and Muneer) were involved in the actual assault on Lashkare. They are duly identified as assailants and further evidence of seizure of mobile phone of accused No.2 (Shaikh Ejaz) at the spot leaves no room for doubt about their participation in catching hold of Lashkare and firing gunshots at him.”
The HC has held that the prosecution was further able to establish that the incident in question did not occur at spur of moment but there was planning, and it was the result of conspiracy hatched to kill the deceased. “We do not find any reason to discard evidence led by prosecution which shows that there was theft of motorcycle for its use in committing crime, deceased was followed for whole day, incident at Khadka phata, petrol pump, accused Nos. 2 and 3 following deceased’s car, accident of cars and deceased being kept engaged at spot, arrival of assailants on motorcycle and firing gunshots at Lashkare,” the bench observed.
“These events on the date of incident were preceded by a meeting between the accused and conspiracy was hatched to eliminate Lashkare. Mere, absence of accused Nos.1 (Raju Jahagirdar) and 5 (Syed Sarfaraz) at the spot, does not absolve them from crime as actual overt act of each accused is not contemplated to prove offence punishable under Section 120-B (criminal conspiracy) IPC,” ruled the HC.
Additional government pleader Prashant Borade, who represented the state, said, “Out of the five accused, whose conviction has been upheld by the HC, Raju Jahagirdar is currently out on bail and the HC has asked him to surrender, while the sixth accused Shaikh Mushtaq has been acquitted by the HC.”

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