Hema Upadhyay-Harish Bhambhani murder case: Prosecution closes its case

Special prosecutor Vaibhav Baghade on Tuesday examined the last witness in the case and later filed a statement, closing its case. The court will now record the statement of the accused, giving them an opportunity to explain the incriminating circumstances and evidence brought against them by the prosecution

MUMBAI: The prosecution on Tuesday closed evidence against five accused, including artist Chintan Upadhyay, in the murder case of his wife artist Hema Upadhyay and her lawyer Harish Bhambhani.

Hema Upadhyay, Mumbai based artist, photographed at her studio on September 3, 2014. On December 13, 2015, she was found dead in streets of Mumbai. Photograph: ABHIJIT BHATLEKAR/MINT

Special prosecutor Vaibhav Baghade on Tuesday examined the last witness in the case and later filed a statement, closing its case.

The court will now record the statement of the accused, giving them an opportunity to explain the incriminating circumstances and evidence brought against them by the prosecution.

According to the prosecution case, Hema Upadhyay and Bhambani were smothered to death by Vidhyadhar Rajbhar with the help of other accused at Chintan Upadhyay’s behest on December 11, 2015. They had packed the bodies in cardboard boxes and dumped them in a nullah. The next day, a garbage collector discovered the bodies.

The prosecution claimed that Chintan Upadhyay had 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 his estranged wife in exchange for money. Advocate Bhambhani was representing Hema in the matrimonial dispute between the spouses.

Chintan Upadhyay was arrested on December 22, 2015, for allegedly hatching the plan to commit the murders. While Rajbhar continues to abscond, the others accused in the case—Chintan Upadhyay, Shiv Kumar Rajbhar, Pradip Kumar Rajbhar, Vijay Kumar Rajbhar and Azad Rajbhar—were arrested during the probe.

The prosecution claimed that the couple had been fighting divorce battle and Chintan Upadhyay was frustrated because of this. That, the prosecution claimed, pushed Chintan to take the extreme step.

In its case against the accused, the prosecution has relied on the confessional statement of Pradeep Rajbhar wherein he purportedly admitted the role of Chintan Upadhyay. Besides, the prosecution also relied on paintings and sketches drawn by Chintan Upadhyay, which allegedly depicted his hatred towards his estranged wife and her lawyer, and also his diary where he wrote about his feelings.

Moreover, the prosecution has also relied on CCTV footage wherein Hema Upadhyay and her lawyer were seen entering the warehouse of Rajbhar where they were allegedly killed, and later, their bodies were kept in a tempo to dispose of them. To prove the connection between Chintan Upadhyay and other accused, the prosecution has submitted call details records.