The Bombay High Court on Monday gave a last chance to the father of Agnelo Valdaris (24), who allegedly died in police custody, to give proof, besides medical evidence, to support his claim that his son was murdered.
Granting Leonard Valdaris two weeks to state how the murder charge is applicable on seven policemen accused of causing his death, the court said it was giving him a “last chance”.
Agnelo Valdaris was among four youths, including a minor, who were picked up by the police on the intervening night of April 15 and 16, 2014. Agnelo was arrested allegedly for stealing a gold chain and ring, but what happened afterwards is contested by both the police and his father.
While the police claim that Agnelo had attempted to flee and was run over by a local train, his father Leonard alleged that he was tortured and killed in police custody, and sought a CBI probe.
CBI counsel Hiten Venegoankar told the bench that the agency has come to the conclusion that the death was caused due to a train accident. He referred to the statement of a rail motorman who, the agency claimed, was operating the train that allegedly hit Valdaris.
According to the CBI, the motorman had said he had seen a person running between the tracks near Wadala station with the police chasing him on the intervening night of April 15 and 16, but by the time he hit the brakes it was too late. The police say the person was Agnelo.
A division bench of Justice B P Dharmadhikari and Justice Anuja Prabhudessai directed the CBI to file an affidavit within two weeks stating its reasons for not applying Section 302 of the IPC (punishment for murder) in the case.
The court was hearing a petition filed by Leonard Valdaris, and the three youths who were allegedly picked up by the police along with Agnelo.
Lawyer Payoshi Roy, appearing for the petitioner, told the court that the medical evidence prima facie makes out a case of murder. The medical evidence states the cause of death as subarachnoid haemorrhage, which can be caused only due to being hit by a hard blunt object, and such an injury is different from injury caused by to train accident.
