Hema-Bhambhani Murder Case: ‘Confession of accused against Chintan Upadhyay backed up by evidences’

Artist Hema Upadhyay and her advocate Harish Bhambhani were smothered to death on December 11, 2015. The bodies were later packed in cardboard boxes and dumped in a nullah. The next day, a garbage collector discovered the bodies and alerted the police

MUMBAI: Nearly a month after artist Chintan Upadhyay’s advocate made final arguments that his client had no reason to kill his ex-wife and artist Hema Upadhyay in 2015, the prosecution on Friday claimed that the confessional statement made against Chintan by Pradeep Rajbhar, arrested in the case for the alleged killings, is backed with several pieces of evidence, including call data records (CDR).

‘Confession of accused against Chintan Upadhyay backed up by evidences’ (HT Photo)

Artist Hema Upadhyay and her advocate Harish Bhambhani were smothered to death on December 11, 2015. The bodies were later packed in cardboard boxes and dumped in a nullah. The next day, a garbage collector discovered the bodies and alerted the police.

Pradeep, who was arrested on March 8, 2016, gave his confessional statement before a metropolitan magistrate, unravelling the purported conspiracy of the murder and its execution for which Hema’s estranged husband Chintan had allegedly promised them money.

Chintan is being prosecuted for the charges of hatching a conspiracy to kill his ex-wife Hema and her lawyer by hiring Vidyadhar Rajbhar, who is absconding, and his accomplices, including Pradeep.

The prosecution said that the confessional statement given by Pradeep was the crucial piece of evidence against Chintan and was admissible as it was never retracted by the accused.

Special Public prosecutor Vaibhav Baghade on Friday refuted the claims made by the defence that Chintan had been falsely implicated by the police. Baghade relied on the call data records and demonstrated how Chintan was constantly in touch with the accused. This was supported by the confession given by Pradeep and also other depositions, including that of absconding accused Vidhyadhar Rajbhar’s mother.

The defence had claimed that Pradeep had retracted his statement which was recorded three months after his arrest on March 8, 2016. The prosecution, however, pointed out that Pradeep himself has not given any letter to the court, retracting the statement.

The applicant dated June 27, 2016, relied on by the defence as retraction, was filed by his advocate which did not have his signature. Besides, in the plea it was only stated that he was forced to make a statement before the magistrate and he never intended to be an approver. The application doesn’t state that Pradeep wanted to retract from its statement.

The prosecution claimed that the confession, which discloses the conspiracy and execution is reliable evidence as it is also corroborated by other evidence. The arguments will now continue in the next week.

The prosecution said Chintan “hired killers” to carry out the murders. They stated that he hired prime accused Vidyadhar Rajbhar — a fabrication artist who he knew — and others to kill Hema in exchange for money. Upadhyay was arrested on December 22, 2015, for the murders.

While Rajbhar continues to be absconding, the other accused in the case – Chintan, Shiv Kumar Rajbhar, Pradip Kumar Rajbhar, Vijay Kumar Rajbhar and Azad Rajbhar were arrested during the probe.

The prosecution claimed that Hema and Chintan had been fighting a divorce battle and Chintan was frustrated because of this. This is what the prosecution claimed pushed Chintan to take extreme steps.