Former MLA’s driver gets 9-year-old jail term for firing at site supervisor

MUMBAI: The sessions court sentenced the driver of former Nationalist Congress Party MLA Milind Kamble to nine years of imprisonment after finding him guilty of firing at a construction site supervisor in 2016. The court observed last week that oral evidence of the accused is insufficient to establish his alibi in the face of 15 witnesses.

Anil Laxman Bhise was working as a site supervisor at a construction site in Pragati Society in Chembur. The accused, Mangesh Waghmare, 46, a resident of Sakharabai Shingare Chawl, has had a history of disagreements with Bhise, alleged prosecution. Around 2.45pm on August 19, 2016, Waghmare allegedly fired six rounds from Kamble’s licensed revolver at Bhise on his abdomen and legs. When the firing took place, MLA Kamble and his bodyguard, Gautam Shinde, were present and allegedly ran to rescue Bhise after the incident. He was subsequently rushed to Rajawadi Hospital and from there to Sion Hospital.

The prosecution examined 15 witnesses in support of its case against Waghmare, including Kamble, who deposed before the court that he was not a direct witness to the incident. However, he supported the prosecution’s case on the events that took place after the firing. He said Waghmare had access to the bag in his car, which contained the bullets and the revolver used in the crime.

The court observed that the oral evidence of the accused is not sufficient to establish his alibi. “The direct evidence on record coupled with the circumstance of recovery of the weapon on the basis of disclosure statement made by the accused is convincing enough to establish the fact that the accused is the author of the crime”, sessions judge SB Pawar said. “It has come on record that the accused fired six rounds of bullets at the injured, out of which about four bullets hit the injured. Though the injured was fortunate enough to survive, the very act of firing bullets is indicative of intention of the shooter to cause death of the targeted person”, observed the court, in a detailed order passed on January 18.

The court, however, held that imposing a maximum sentence of life imprisonment would be a harsh sentence. “Thus, I come to conclusion that sentence of rigorous imprisonment of nine years with fine for the offence under Section 307 of IPC and of rigorous imprisonment of six years with fine for the offence under Section 5 r/w (having in possession firearm without holding its license) Section 27 (using arms) of the Arms Act will meet the ends of justice”, said the court.