Is Rahul guilty of culpable homicide? Court asks police
This comment from the judge followed the police claim that Rahul had paid Sahil Zaroo Rs 15,000 to buy the drugs.india Updated: Jun 12, 2006 22:49 IST
"Are you saying Rahul Mahajan is guilty of culpable homicide too?" Additional Sessions Judge NK Gupta on Monday asked the Delhi Police during the course of arguments on whether Rahul could be booked for financing the drugs, the consumption of which led to the death of Vivek Moitra.
This comment from the judge followed the police claim that Rahul had paid Sahil Zaroo Rs 15,000 to buy the drugs which he later gave to Moitra, who died apparently after consuming it.
"You should be careful, Public Prosecutor. Your arguments are pointing to a train of thought that Rahul had given Moitra the drug and ultimately brought about his death... This would amount to culpable homicide (murder without the intention)," the court cautioned the prosecution.
The police contended that they had "ample evidence" from Sahil's disclosure statement that Rahul had given his co-accused the money to purchase the contraband.
They are also banking on another statement allegedly made by Sahil that Mahajan had told him to keep the balance of Rs 2,500, after buying the drugs for Rs 12,500, to be adjusted next time.
The police told the court that this statement alone revealed that Rahul had "multiple transactions" with Sahil, thus justifying fresh charges under Section 27 A (financing illegal trafficking) of the NDPS Act.
Accusing the police of "shifting stands", the defence counsel pointed to the first remand application in which the police had stated that Moitra had bought the drugs.