Hema Upadhyay, Harish Bhambhani murders: Prosecution demands death sentence for Chintan, three others

Additional sessions judge S Y Bhosale has posted the matter for further hearing on October 10 when the court is likely to decide on the quantum of sentence to be awarded to the convicts

MUMBAI: Special public prosecutor Vaibhav Bagade on Saturday told Dindoshi sessions court that artist Chintan Upadhyay and three others convicted for killing his wife Hema Upadhyay, who too was an artist, and her lawyer, advocate Harish Bhambhani, should be handed down death penalty. Chintan, however, claimed that he was innocent.

Mumbai, India - Oct. 7, 2023: artist Chintan Upadhyay is accused final argument at of sessions court in suburban Dindoshi in Mumbai, India, on Saturday, October 7, 2023. (Photo by Satish Bate/ Hindustan Times) (Satish Bate/HT PHOTO)

Additional sessions judge S Y Bhosale has posted the matter for further hearing on October 10 when the court is likely to decide on the quantum of sentence to be awarded to the convicts.

On Thursday, the court convicted Chintan for conspiracy to kill his estranged wife and her lawyer, and the three others – Vijay Rajbhar, Pradeep Rajbhar and Shivkumar Rajbhar – for executing the plan that the artist hatched with absconding accused Vidyadhar Rajbhar. Vidyadhar is the owner of Bansraj Art Company in Kandivali where the two were smothered to death.

On Saturday, the judge sought to know from the convicts if they had anything to say about the sentencing.

Chintan, 51, responded that he was innocent. “My conscience is clear. I have not done anything wrong. I have not committed any offence,” he said. “However, since the court has found me guilty, I am not pleading for mercy. I’m ready to accept whatever punishment the court imposes.”

The other three, however, sought leniency citing family-related issues and on grounds of the imprisonment that they had already undergone.

Vijay said he had three children, and he was the sole breadwinner of the family. He told the court that his father-in-law had expired and now there was no one to look after his children. Pradeep said he too was the sole earning member of his family as his younger brother was not doing anything for a living, and his parents were old. Shivkumar said he had just completed 18 years of age when he was arrested.

The special public prosecutor demanded death penalty for all the accused saying that they had voluntarily involved themselves in the crime and since conscience of society was shaken, a message was required to be sent out. He also referred to Chintan’s reaction to sentencing and claimed that it showed his determination.

“These were coldblooded and calculated murders and death penalty should be given to the convicts,” Bagade said, adding that the convicts were hardcore and professional criminals and there was no scope for their reformation.

Chintan’s counsel, advocate Raja Thakkare, opposed the demand and said the philosophy of death penalty had undergone changes and those were reflected in several Supreme Court judgements.

He further said Chintan had been found guilty on the charge of criminal conspiracy and that meant he didn’t participate in the murder, and in whatever manner the murders were committed would not be relevant to him. In any case, he said, this was not a rarest of rare case on any of the parameters laid down by the Supreme Court, and a death penalty would not be attracted.

According to the prosecution, Hema, who was known for her intricate paintings and mixed-media installations that reflected cityscapes, and Bhambhani were smothered to death inside Bansraj Art Company at Laljipada in Kandivali West in the evening of December 11, 2015. Their bodies were packed in cardboard boxes and dumped in a nullah in Kandivali West.

The next day, a ragpicker noticed the boxes and informed the police after he saw that the boxes contained bodies. Chintan was arrested on December 22, 2015, and was granted bail by the apex court on September 17, 2021. He is lodged in Thane central jail after the sessions court convicted him on October 5. The other three have been behind bars since their arrest in December 2015.