Suresh Dube murder: TADA court acquits don Bhai Thakur

PUNE: A designated TADA court in the city on Wednesday acquitted Vasai-Virar don Jayendra Vishnu alias Bhai Thakur and two others in the murder of Vasai builder Suresh Dube, almost 34 years after the latter was shot dead at Nalasopara station's platform number 2 on October 9, 1989.
Bhai Thakur, his cousin Deepak Thakur and former sarpanch Gajanan Patil from Nile-More village in Thane district were tried for hatching a criminal conspiracy to kill Dube.

Delivering the operative part of the judgment, designated judge S R Navander said, "There may be motive attributed to Bhai Thakur for grabbing the land (S. No. 110 at Achole village) of the victim, Dube, in Vasai taluka but there is no substantial evidence related to the conspiracy against him. This court had earlier discharged Deepak Thakur and Gajanan Patil in the murder case, but they continued to face the conspiracy charge."
Navander said, "There is no evidence against the three accused to show that they had committed activity, which will fall under the definition of Section 3 (terrorist activity) of TADA. There is no direct evidence to prove guilt of the accused relating to criminal conspiracy and murder under the Indian Penal Code, Terrorist and Disruptive Activities (TADA) and Arms Act."
Earlier, on May 16, 1997, the designated court had acquitted 17 accused, including then Vasai-Virar MLA Hitendra Thakur, four police officers and others in the Dube murder case.
On January 12, 2000, the SC had convicted and sentenced six of these 17 accused to life imprisonment and acquitted the remaining 11 on appeals filed by the state government and Dube's family. The trial against Bhai Thakur could not commence earlier, along with the 17 accused, as he was lodged at Tihar jail in other criminal case and was shown as an absconding in the chargesheet filed before the TADA court.
This was the last TADA case pending before the designated court in Pune, having jurisdiction to try terror related cases in Pune, Thane, Palghar, Solapur and Kolhapur districts. The prosecution examined 102 witnesses, of which 37 turned hostile.
Special counsel Satish Mishra told TOI, "We will be challenging acquittal of the accused in the Supreme Court after receiving a certified copy of the judgment."
The victim's brother, Omprakash Dube, present in the court, said, "For 34 years, we have been making rounds of the judiciary to get justice. The verdict acquitting the accused has shattered our family. We have faith in the judiciary and we will challenge the acquittal in the apex court. We hope to get justice."
Lawyers Sudhir Shah, Sudeep Pasbola and Rohar Nahar, who defended Bhai Thakur, Deepak Thakur and Gajanan Patil, had argued that their clients were not present at the crime scene and there was no prima facie evidence against them to show that they were involved in conspiracy, and TADA charges against them were invoked without evidence.
The prosecution's case was that the accused had committed various offences like land grabbing, kidnapping and extortion, and possessing lethal weapons with an intent to strike terror in the minds of people residing at Nalasopara, Vasai and Virar in Thane district (now under Palghar district) between January 1984 and December 1989.
On July 22, 2005, the TADA court framed charges against six accused, including Bhai Thakur, Deepak Thakur and Gajanan Patil. Three other accused died during the pendency of trial. The charges against Thakur and others were framed under sections 3 (1), 3 (2) and 3 (3) [all related to terrorist acts] of the Terrorist and Disruptive Activities Act, 120 (B) [conspiracy], 302 (punishment for murder), 201 (destruction of evidence) and 218 (public servant framing incorrect record) of the Indian Penal Code, read with Section 25 (possessing firearms) of the Arms Act.
Trial in the first TADA case in Pune was conducted against terrorists Sukhdev Singh and Harjinder Singh in the murder case of then Army General Arun Kumar Vaidya. He was shot dead in Pune on August 10, 1986.