The Mumbai crime branch did not file a reply today in the Hema Upadhyay-Haresh Bhambani double murder case on an application filed by accused Pradeep Rajbhar that he confessed to the crime because of police threats.
In June, Pradeep told the sessions court that he confessed under duress. Pradeep had recorded his confession before a magistrate under provisions of the Code of Criminal Procedure (CrPC).
The Kandivli police, while filing the charge sheet in May, had attached Pradeep’s confession, where he stated he committed the crime on the directions of Hema’s estranged husband Chintan Upadhyay. Pradeep said the confession was extracted out of him under pressure.
Prosecutor Datta Mudiganti, however, told the Dindoshi sessions court on Monday, “It is yet to be decided whether the Kandivli police or the crime branch will file a reply.”
While the Kandivli police have filed a charge sheet in the case following the arrest of five accused, the case was transferred to the Mumbai crime branch following an arbitrary order by police commissioner Datta Padsalgikar.
The court also asked the police to file a reply in the matters where the mother of absconding accused Vidhyadhar Rajbhar has filed application requesting custody of the Charkop warehouse. The police have stated in the charge sheet that Upadhyay and Bhambani were murdered at the warehouse.
“The property belongs to the absconding accused and investigation is on as a result it cannot be returned to the kin of accused,” Kadar Sayani argued appearing for Borivli Advocate’s Bar Association.
So far, the police have arrested five people, including Chintan and the four Rajbhars — Pradeep, Vijay, Shivkumar and a minor accused. In the charge sheet, the Kandivli police submitted that Vidhyadhar along with Pradeep, Shivkumar and the minor accused killed Hema and Bhambani at the Charkop warehouse on December 11 last year. Their bodies were dumped in a nearby drain and recovered a day later.