Akshay Shinde's family alleges murder after his death in police custody, refuses to take body

Akshay Shinde`s mother said that she had met him earlier in the day at Taloja Jail

The family of Akshay Shinde, Badlapur sexual assault case, on Monday night rushed to the Kalwa hospital where he was shifted after being injured in police firing and refused to claim his body at Kalwa Hospital, alleging that he was a victim of cold-blooded murder by the police in collusion with the government.

Shinde's family claimed that he would never have fired at the police, citing his unfamiliarity with firearms and his hands to would shake if he held a pistol.

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During a visit to Taloja Jail earlier in the day, Shinde's mother recounted her conversation with her son.

She said that between 3:30 pm and 400 pm, she met Shinde and he spoke about the alleged mental torture he experienced while being in custody.

"He asked me when I would bring him out of the jail," she said.

Akshay Shinde died in the firing incident on Monday evening, the Kalwa hospital said.

The dean of the Kalwa civic hospital, Dr Rakesh Barot said, "He was brought dead to the hospital."

According to a press release issued by Thane Police, the incident occurred between 6 pm and 6:15 pm near the Mumbra bypass. Shinde snatched the service pistol of API More and fired three rounds at the police personnel. One of the bullet hit API More in his left thigh. In self-defense, another police officer fired a round at Shinde, critically injuring him. Both Akshay Shinde and API Nilesh More were rushed to Kalwa Chhatrapati Shivaji Maharaj Civic Hospital, where Shinde was declared brought dead by the doctors. He will be shifted to JJ Hospital for a postmortem.

API More was referred to Jupiter Hospital in Thane for further treatment.

Thane police have formed SIT to investigate the entire incident, an official said.

Thane Police cannot investigate their own case, say legal experts

Senior advocate Sujay Kantawala stated, "The Thane police cannot investigate their own case, nor can they serve as judges in a situation where they are under scrutiny. A separate agency, such as the State CID, should handle such cases in Maharashtra. While we all seek the harshest punishment for the accused, this is not the appropriate way to handle the matter."

Sources in the police department have stated that, in such cases, a magisterial inquiry should be conducted under Section 176 of the CrPC (Inquiry by Magistrate into Cause of Death). "There is another question: if this is to be considered a custodial death, then ideally the State CID should investigate. However, if it is deemed self-defense, the local crime branch or the police under the SIT can probe the matter," said a senior officer of the state police, speaking on the condition of anonymity.