Condemnable that killers of Narendra Dabholkar justified the act by labelling him anti-Hindu: Pune court

The approach of the convicts to justify the killing of rationalist Narendra Dabholkar by labelling him as anti-Hindu by relying on an article published in a magazine five years after his death was very strange and condemnable, the Pune court which convicted two for the murder said..Sessions judge PP Jadhav observed that the accused and defense counsel not only raised such a defense but also attempted to tarnish Dabholkar's image.."At the same time, the approach of the defence was to justify the killing of the deceased Dr. Narendra Dabholkar, by labelling him as anti Hindu. In said attempt, advocate Shri. Salshingikar referred the yearly magazine Exh. 376, which is published after more than five years, after the death of Dr. Narendra Dabholkar. The said approach is very strange and is condemnable," the Court observed..The remark was made in the judgment convicting two accused persons and acquitting three for the murder of Dabholkar.The Court also observed that except ideological differences with Dabholkar, the two convicted accused did not have any personal enmity with him.Further, based on the socio-economic status of the convicts, the Court determined that the main mastermind behind the plan was someone else and criticised the Pune Police as well as the Central Bureau of investigation (CBI) to bring the masterminds before the law. "The main master mind behind the crime is someone else. Pune police as well as CBI has failed to unearth those master minds. They have to introspect whether it is their failure or deliberate inaction on their part due to influence by any person in powers," the judgment said..Notably, based on the depositions, suggestions put to the accused during cross examination and the defense arguments, the Court also determined that it was crystal clear that Sanathan Sanstha, Hindu Janjagruti Samiti and allied Hindu organisations were nurturing bitter enmity against Dabholkar..In the judgment passed earlier today, accused Sachin Andure, Sharad Kalaskar were convicted and sentenced to life imprisonment along with penalties of ₹5 lakh each.Dr Virendrasinh Tawade, Vikram Bhave and Sanjeev Punalekar were acquitted.The Court observed that although there was evidence of motive for murder against Tawade, and that there was reasonable suspicion against Punalekar and Bhave, the prosecution failed to establish their involvement by leading reliable evidence.However, it was proved beyond doubt that Andure and Kalaskar murdered Dabholkar by firing bullets from firearms, the Court stated.Dabholkar, founder of Maharashtra Andhashraddha Nirmoolan Samiti (MANS) was shot dead by two assailants during a morning walk in Pune in 2013.The trial, that lasted nearly three years, had commenced only in 2021 though the sessions case had been instituted in 2016.The accused, who are linked to Sanatan Sanstha organisation, were arrested by the Central Bureau of Investigation (CBI) from 2016 to 2019.The CBI took over the case in 2014 from Pune City police and filed chargesheet against 5 accused in the case.Four accused, Dr Virendrasinh Tawade, Sachin Andure, Sharad Kalaskar and Vikram Bhave were charged with offences under Sections 302 read with Section 120B for criminal conspiracy and executing the murder.Additionally they were charged with offences under Section 16 (terrorist act) of the Unlawful Activities (Prevention) Act (UAPA) and provisions of Arms Act.Accused Sanjeev Punalekar, a Mumbai based lawyer, was charged for the offence under Section 201 of the Indian Penal Code (IPC) for causing disappearance of evidence..[Read judgement]