Crime
Hema Upadhyay Murder Case: Bombay HC Dismisses Bail Plea Of Key Accused Chintan Upadhyaya
Mumbai: The Bombay High Court on Monday dismissed the bail plea of artist Chintan Upadhyay who was convicted and sentenced to life in prison for abetting and conspiring to kill his estranged wife Hema Upadhyay in December 2015,
A division bench of Justices Revati Mohite-Dere and Gauri Godse dismissed the plea observing that prima facie there was sufficient ground to show his involvement in the murder. The country will pass a reasoned order later.
HC admitted Chintan Upadhyay’s appeal
The HC, on October 25, admitted Upadhyay’s appeal challenging his conviction and sentencing by the sessions court. Upadhyay has approached the high court through advocate Bharat Manghani challenging his conviction contending that the sessions court erred in its findings while finding him guilty. Pending hearing in his appeal, he had sought bail.
The ghastly 2015 murder case
Hema and her lawyer Harish Bhambani were allegedly smothered to death by Vidhyadhar Rajbhar on December 11, 2015, with the help of other accused persons. He killed the duo allegedly at Upadhyay’s behest. The next day, a rubbish collector discovered their bodies stuffed in cardboard boxes in a nullah in Kandivali.
Sessions judge, on October 7, found Upadhyay guilty of abetting and conspiring to kill Hema and sentenced him to life in prison observing that the murder was “brutal”, but it cannot be termed as “rarest of rare” which warrants a “death penalty only”. The judge found three others – Vijay Rajbhar, Pradip Rajbhar and Shiv Kumar Rajbhar, who hail from the same village – guilty of murdering Hema and her lawyer and Harish Bhambhani and sentenced them to life imprisonment.
Hema’s family had also approached the HC seeking permission to intervene in the matter and oppose Upadhyay’s bail plea. The HC had allowed the family to intervene.
Upadhyay’s conviction
Special public prosecutor Vaibhav Bagade opposed the bail plea contending that there was enough evidence against Upadhyay based on which the sessions court had convicted him.
Upadhyay’s appeal contends that the sessions judge erred in accepting the retracted and uncorroborated confession of a co-accused, Pradip, as voluntary, admissible and having been corroborated.
The judgment of the trial court lacks proper and cogent evidence and reasoning to convict him, the appeal argues. It wrongly relied on a retracted confession of co-accused Pradeep Rajbhar, to hold it as genuine. The appeal also questions the inference drawn by the sessions court that since Rajbhars had no motive to murder Hema, they acted at Upadhyay’s behest. It is not permissible in law to draw such an inference, said Manghani.
Crime
Bengal Governor hints at taking up RG Kar case with Amit Shah
Kolkata, Jan 31: West Bengal Governor C.V. Ananda Bose might take up the complaints of the parents of the victim in the R.G. Kar rape and murder case regarding the entire line of investigation by the Central Bureau of Investigation (CBI) with the office of Union Home Minister Amit Shah.
A statement issued from the office of the Governor on Friday hinted at this.
The statement comes a day after the victim’s parents, on Thursday evening, went to Raj Bhavan in Kolkata and had a long meeting with the Governor.
“The parents expressed their plight and requested justice. They requested the Hon’ble Governor to present their petition to the Hon’ble President and Hon’ble Union Home Minister, to whom they have already submitted their petition. The Hon’ble Governor assured to take necessary action,” read the statement issued from the Governor’s office in the morning.
As per the statement, the Governor also assured the victim’s parents that they were not alone in this grief and that justice in the matter would be done.
The indication from the office of the Governor comes just a day after the state president of BJP in West Bengal and the Union Minister of State Sukanta Majumdar, on Thursday, gave a somewhat similar assurance on the matter.
Majumdar, on Thursday afternoon, went to the residence of the victim’s parents and had a long meeting with them.
During the meeting, the victim’s parents claimed to have explained to Majumdar why they were unhappy with the entire investigation by the CBI. They also explained why they are against the death penalty for the sole convict in the case, Sanjay Roy.
The victim’s parents reportedly highlighted the observations made by a special court in Kolkata on the lapses in investigation by the central agency.
Confirming this, Majumdar told media persons that the victim’s parents had pointed out certain observations by the special court.
Majumdar also said the victim’s parents had complaints against one particular investigating officer.
“They have updated me on the matter and I assured them of communicating their grievances to the appropriate authorities,” Majumdar said.
Crime
RG Kar financial case: Calcutta HC nixes Sandip Ghosh’s plea for more time before framing of charges
Kolkata, Jan 31: The Calcutta High Court on Friday rejected the plea of the former principal of R. G. Kar Medical College and Hospital, seeking additional time before the process of framing of charges against him starts in connection with the financial irregularities in the institute.
On January 28, Calcutta High Court’s single-judge bench of Justice Tirthankar Ghosh directed the Central Bureau of Investigation (CBI) to complete the process of charge-framing in the case by February 6 following which the trial could start.
However, on Friday, Ghosh’s counsel filed a petition at the same single-judge bench seeking additional time before the beginning of the trial process.
However, Justice Ghosh rejected the petition and observed that there had been a systematic delay in the beginning of the trial process in the matter.
Justice Ghosh also observed that despite CBI filing a chargesheet in November last year, there had been a delay in the beginning of the trial process.
Initially, the process of framing a charge against Ghosh could not be started because of the non-availability of a no-objection certificate (NOC) from the state government, which is mandatory for charge-framing and the beginning of the trial process against any state government employee.
However, on January 28, the CBI counsel informed Justice Ghosh’s bench that finally they secured the NOC from the state government, which cleared the decks for completing the process of charge framing and the beginning of the trial process.
Thereafter, Justice Ghosh directed CBI to complete the process of charge framing by February 6.
Besides CBI, the Enforcement Directorate (ED) is also conducting a parallel probe in the case of financial irregularities at R. G. Kar.
While CBI started its investigation following an order by the Calcutta High Court, ED made a suo motu entry to investigate the money laundering angle after filing an enforcement case information report (ECIR).
Altogether five persons, including Ghosh, his assistant-cum- bodyguard Afsar Alir, private contractors Biplab Sinha and Suman Hazra and a junior doctor Ashish Pandey, have been named by CBI in its chargesheet. All of them are in judicial custody now.
Crime
Mumbai: Crime Branch To Probe Financial Dealings Of DK Rao In Hotel Extortion Case
Mumbai: The Mumbai Crime Branch is set to investigate the financial transactions of D.K. Rao, a close aide of gangster Chhota Rajan, for allegedly accepting money from other accused in exchange for mediating in a hotel extortion case.
Additionally, WhatsApp voice notes found on the mobile phone of arrested accused Abubakar Siddiqui are being examined, and forensic analysis of voice samples from D.K. Rao and other accused will be conducted. Senior officials have confirmed the development.
The Crime Branch had arrested D.K. Rao (53), Abubakar Abdullah Siddiqui (37), Imran Kaleem Shaikh (31), Riyaz Kaleem Shaikh (40), Asif Sattan Khan alias Saif Darbar (36), Javed Jalaluddin Khan (35), and Hanif Ismail Naik alias Annu Bhai (53) on January 23 for allegedly demanding ₹2.5 crore extortion from a 74-year-old hotelier.
A case has been registered against them under Various sections of BNS, D.K. Rao, a known enforcer for Chhota Rajan, has a criminal record with 42 serious cases including extortion, murder, kidnapping, and robbery.
Investigators suspect that D.K. Rao was financially compensated by the accused for facilitating the extortion attempt. To verify this, the Crime Branch will scrutinize his financial transactions.
Moreover, WhatsApp voice notes recovered from Abubakar Siddiqui’s mobile suggest discussions between the accused regarding the takeover of the hotel. To establish evidence, the voice samples of D.K. Rao and other accused will be collected and matched with the voice recordings found in the case.
The entire conspiracy was orchestrated to illegally seize the hotel of the senior businessman. D.K. Rao allegedly issued death threats to the complainant and demanded ₹2.5 crore in extortion. The Crime Branch is conducting further investigations to gather more evidence in the case. All accused again remanded Police custody till February 1.
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