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Hema Upadhyay Murder Case: Bombay HC Dismisses Bail Plea Of Key Accused Chintan Upadhyaya

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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

Mira-Bhayandar: Police Busts Illicit Liquor Brewing Den In Nallasopara

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Mira Bhayandar: Further tightening their screws against illicit liquor mafia ahead of the assembly elections scheduled to be held on 20, November, the Mira Road-based central crime branch unit attached to the Mira Bhayandar-Vasai (MBVV) police busted yet another massive illicit liquor brewing unit which was operating from a hillock in a dense jungle area in Nallasopara on Thursday.

Acting on a tip-off, a team led by assistant police inspector- Dattatray Sarak marched 2-kilometre-deep inside the jungle area located in the Dhaniv Baug area of Nallasopara (east) at around 8 am.

The team seized multiple barrels of hooch along with ingredients including 2,800 litres of fermented jaggery wash, 140 litres of liquor, chemicals and other manufacturing equipment collectively worth more than Rs. 1.42 lakh.

However, the den operator identified as- Prabhakar Bhoye and his employees managed to evade the police dragnet. The entire material and equipment were destroyed on the spot.

An offence under the relevant sections of the Maharashtra Prohibition Act-1949 for construction/works of any distillery or brewery and manufacturing intoxicants has been registered in this context at the Pelhar police station.

The consumption of illicit liquor which is unscientifically manufactured by using toxic chemicals like methanol and rectified spirit can cause deaths and other serious ailments including loss of eyesight. Further investigations were underway.

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Crime

Wildlife Smuggling Racket Busted: Rare Snakes, Reptiles, Caged Orangutan Rescued From Dombivli House

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Thane: In a significant operation exposing a wildlife smuggling racket, the Forest Officials rescued rare species of animals from a highrise in Dombivli. The officials raided an apartment in Palava City, Dombivli and found exotic animals including lizard, turtles, rare species snakes and other reptiles stored in the flat. Horrifying enough, the team found a monkey caged in the washroom of the apartment.

It was later confirmed that the rescued animals included Ignuana (lizard), an Orangutan and python. The operation was conducted by the Forest Range Officers from Thane and Kalyan along with a team from Manpada Police Station after a tip.

The officials did not find any accused present in the apartment at the time of the raid. A case under the Wildlife Protection Act 1972 has been registered and a search for the accused is underway. Meanwhile, the seized species are handed over to a local NGO on a temporary basis for observation.

The video of the forest officials raid surfaced on the internet shows a boy opening the door of the well-kept apartment. After entering the flat, the officials gradually come across wildlife species stores in small cage, plastic boxes piled up in the passage and shocking enough an Orangutan in washroom at the end of the apartment.

As per the statement issued by the police, the teams raided the 8th floor apartment in B wing of Savarna Building in Palava City, Dombivli. In the action, the exotic animals seized as prima facie identified as python, ignuana (lizard), turtle, snake etc. The seized wildlife species, on temporary basis, are handed over to Birsa Munda- a local NGO. The pachanama, documentation and search for the accused is underway, it added.

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Crime

Mumbai: Unidentified Body Of Man Chopped Into 7 Pieces Stuffed In Plastic Boxes Found Near Gorai Beach; Probe On

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Mumbai: The dismembered body of a man, estimated to be between 25 and 40 years old, was discovered in several plastic boxes on the side road which goes to Gorai Beach in Mumbai on Sunday.

Upon receiving the information, police arrived at the scene and took the body into custody. It was later sent for a post-mortem examination. The body has not yet been identified, and a case has been registered.

According to police, on Sunday, a male body was found near Picxy Hotel, Babar Pada, Gorai, Borivali West. The body was cut into seven parts and packed in four plastic boxes. The deceased, believed to be between 25 and 40 years old, was wearing dark blue jeans and black shoes. His right hand bore tattoos.

A resident named Santosh Shinde, 55, from Mira Road, informed the Gorai police after learning about the incident. The Gorai police recovered the body from Shefali village in the Babarpada area.

A forensic team is currently investigating the case, and inquiries are ongoing in the vicinity of the incident location. Police have stated that the recovered body remains unidentified. The Gorai police have registered a case, and further investigation is underway.

A special team has been formed to investigate, and information is being gathered from CCTV footage and nearby police stations to assist in identifying the body.

A police officer said that the body was sent to Bhagwati Hospital for a post-mortem. “We can’t conclude anything immediately, as we are still investigating the matter,” the officer said.

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