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Two days after a classes court docket in Mumbai pronounced him responsible of abetting and conspiring the homicide of his estranged spouse artist Hema Upadhyay in 2015, artist Chintan Upadhyay advised the court docket that his conscience was clear and he had not dedicated any crime. He mentioned that he was not pleading for any mercy to be proven to him and was “good to accept” no matter punishment the court docket provides him.
“My conscience is very clear. I have done nothing wrong. I have not committed any crime. I am totally innocent. However, the court has found me guilty. I am not pleading for any mercy. Whatever punishment court will give, I am good to accept. I believe in law and I believe in the judiciary,” Chintan advised the court docket, standing within the witness field when referred to as upon by the decide on Saturday afternoon to talk on the sentence he must be given. Chintan faces a minimal of life imprisonment and a most of the loss of life penalty.
Additional classes decide S Y Bhosale will pronounce the sentence on Tuesday.
On Saturday, particular public prosecutor Vaibhav Bagade sought that Chintan and three others — Vijay Rajbhar, Pradeep Rajbhar and Shivkumar Rajbhar — be given the utmost punishment of loss of life claiming that the murders of Hema and her lawyer Harish Bhambhani have been “cold blooded and calculated”.
On Thursday, the court had found 50-year-old Chintan guilty on prices of abetting and conspiring the homicide of Hema, below Section 109 learn with 120B of the Indian Penal Code (IPC).
The three others have been discovered responsible on prices together with Section 302 (homicide) of the IPC for smothering the 2 victims, wrapping their our bodies in cardboard bins earlier than dumping them in a nullah in Kandivali on December 11, 2015. Ten days later, the police had arrested Chintan claiming that the murders have been performed by the co-accused at his behest over his strained relationship with Hema. A key accused, Vidyadhar Rajbhar, who beforehand labored as a fabricator for the couple, went absconding after the crime and continues to stay wished. The police had claimed that on the day of the murders, Vidyadhar had lured Hema to satisfy him in trade of knowledge he had on Chintan, which she may use of their matrimonial disputes in court docket. Bhambhani had determined to accompany her and was murdered too.
On Saturday, Bagade submitted that Hema was a world famend artist and Bhambhani was representing her as a shopper in her divorce and different proceedings with Chintan, whereas doing his job as a lawyer.
“The double murders were talk of the town. The society was shocked. It involved the murder of an advocate. They are doing their duty, representing clients, nobody has the right to eliminate them. Hence the crimes are on a higher gravity. Such tendency of crime has to be curbed. Considering the attack on an advocate, which is vital pillar of the society, a message has to be given that if pillars are shaken, it will be taken seriously,” Bagade mentioned, in search of that they be given the utmost punishment as the style during which the murders have been dedicated and the our bodies have been dumped revealed that it was a “barbaric” act.
Lawyer Raja Thakare representing Chintan submitted that the court docket had not discovered him responsible for conspiring to homicide Bhambhani nor was he a participant within the homicide of Hema, therefore these grounds for in search of loss of life penalty for him don’t apply. Thakare additionally submitted that the court docket wants to contemplate that the proof within the case was circumstantial. While Bagade mentioned that Chintan’s “attitude” that he was not pleading for mercy must be thought of by the court docket, his lawyer, nevertheless, mentioned that the court docket shouldn’t contemplate it as “arrogance” and should see that there’s a substitute for the loss of life penalty accessible earlier than the court docket within the case and reform was doable for the accused.
On Saturday, whereas Chintan, who was seated within the first row, a row other than the opposite three co-accused within the accused enclosure in the back of the courtroom, mentioned that he was not pleading for mercy, the three requested for leniency stating that they have been the one bread earners of the household and had spent eight years in jail with their previous mother and father, younger siblings and kids, having no technique of sustenance.
Vijay Rajbhar additionally advised the court docket that his kids had not been in a position to take admission in faculties for the previous few years. Shivkumar mentioned that he had simply turned 18 on the time of the offence and his younger age must be a consideration for lenient punishment. Their attorneys Anil Jadhav, R R Mishra and Vijay Yadav additionally submitted that that they had no earlier felony antecedents.
Bagade mentioned that the three accused weren’t compelled to commit the crime. “It is not the case that the other three accused were compelled by the conspirator to commit the crime. They voluntarily did it,” Bagade submitted.
After the listening to, the court docket directed the accused to be taken again to Thane jail and produced on Tuesday when it can pronounce the sentence. Chintan, who was launched on bail in September 2021 by the Supreme Court, after six years in jail, and had surrendered once more on Thursday after the decision, was given time by the court docket to satisfy his mates who had turned up in court docket to indicate their help to him.
© The Indian Express Pvt Ltd
First printed on: 07-10-2023 at 19:50 IST
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