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Over two years on, one held guilty for crushing ex-HP CM Virbhadra Singh’s nephew Akansh Sen to death under BMW in Chandigarh
Rarewala, grandson of erstwhile PEPSU’s chief minister convicted of murder. He had instigated co-accused Randhawa to run over Akansh Sen repeatedly
Two years after trial started in the Akansh Sen murder case, the Chandigarh district court on Monday held accused Harmehtab Singh Rarewala guilty.
He was convicted under Sections 302 (murder) and 34 (acts done by several persons in furtherance of common intention) of the Indian Penal Code (IPC). The quantum of punishment in the case, which concluded on October 15, will be pronounced on Tuesday.
Sen, a nephew of former Himachal Pradesh chief minister Virbhadra Singh’s wife Pratibha, was run over by a BMW car several times following a brawl in a posh residential area of Sector 9 here on February 9, 2017.
According to prosecution, accused Balraj Singh Randhawa crushed Sen under his car after being instigated by Rarewala, who was arrested on February 16, 2017. Randhawa is absconding and has been declared a proclaimed offender.
While Rarewala is the grandson of erstwhile PEPSU chief minister Gian Singh Rarewala, Randhawa is the son of a former sarpanch of Fatehgarh Sahib.
Terminder Singh, the counsel of Adamya Rathaur, the complainant and Sen’s cousin, said there was an old enmity between Rarewala and Sen’s friend Gagandeep Singh Shergill, alias Shera. The enmity started with a scuffle in Manali and was followed by another scuffle at Rarewala’s farmhouse in Landran near Chandigarh.
On the day of the incident, Rarewala and his friends had gone to party at a common friend Deep Sidhu’s house in Sector 9 where even Shera was present. Sen came there looking for Shera. While they were outside the house, Sen confronted Rarewala for misbehaving with Shera. This, according to the prosecution, infuriated Rarewala, who then sat in Randhawa’s BMW car and instigated him to run over Sen.
Rarewala’s role was crucial, as according to the prosecution, when Sen didn’t die in the first go, it was he who instigated Randhawa to run over him again. They ran over Sen three to five times, leading to his death.
Defence counsel NPS Waraich had argued that the case was fabricated and that Rarewala had nothing to do with Sen’s death. He cited difference in the statements of prosecution witnesses and the investigating officer (IO). Presenting findings of the Central Forensic Science Laboratory, the defence said as per the report no blood stains or
tyre marks were found on Akansh Sen’s jeans.
He said the blood found on the BMW car tyres that allegedly ran over Sen was not that of the deceased. He claimed Sen was not even touched by a car. Waraich asked how anybody could have only abrasions if a car weighing 1,520 kg had run over him three to five times.
After hearing both sides, the court of additional district and sessions judge Rajeev Goyal held Rarewala guilty.
“After spending three years in jail and that too without bail, I was expecting justice will be delivered at the end,” said Harmehtab Singh Rarewala after his conviction.
The defence counsel said they will challenge the order in the Punjab and Haryana high court.
“I do not know what to say. Let’s wait for the sentencing tomorrow. I don’t have parents or grandparents to support me through this; Harmehtab is all I have,” said Hartaj Singh, Rarewala’s brother
District attorney-cum-public prosecutor Rajinder Singh said the case was based on direct evidence, wherein three eyewitnesses were examined, who stood by their statement till the end.
The three eye-witnesses were Adamya Rathaur, Rajan Papneja and Karan Yog. While Rathaur is Sen’s cousin, Papneja is Sen’s friend and Yog is Rathaur ’s friend. The first two run a cafe in Chandigarh, in which even Sen was a partner, and Yog is an advocate in the Punjab and Haryana high court.
“Also, the motive behind Sen’s murder – enmity between Rarewala and Shera — was proved by Shera. There was also a documentary evidence about their disputes,” Singh said.
He added that all statements
of witnesses were corroborated by both medical and scientific evidence.
Rathaur ’s counsel Terminder Singh said medical evidence proved the presence of tyre marks on the deceased’s abdomen. It supported eyewitness accounts.
“There was enough evidence against the accused, including tyre marks on Sen’ body, presence of the accused and witnesses at the spot and blood on the clothes of two eyewitnesses. As all three prosecution witnesses stood by their statements, it helped nail Rarewala. The court after going through the evidence has rightly convicted him,” he said.
‘WE ARE AWAITING RANDHAWA’S ARREST’
“We are still waiting for the main accused to be arrested. There are many threads that have not been unfolded yet,” said Akansh’s father Arun Sen, after the conviction. “We have heard only one part of the story. Unless Randhawa is apprehended and interrogated, I will not be satisfied.”
Arun Sen said the main accused, who was driving the car, must be brought to book and for that “the government must extradite him from wherever he is”. “Rarewalas were my friends and I have no personal enmity against them,” he added.
While district attorney Rajinder Singh is expecting “life term” for Rarewala, he said a similar punishment is in store for Randhawa once he is caught and put on trial. “In case the prosecution is not able to produce witnesses in his trial, as per provisions in the Evidence Act, their recorded statements can be used as evidence against him,” he said.
CASE FILE
February 8, 2017: Eleven friends went for a get-together at a café co-owned by victim Akansh Sen in Chandigarh
February 9: In the wee hours, Akansh Sen was allegedly murdered by Balraj Singh Randhawa and Harmehtab Singh Rarewala after they ran a BMW car over him three to five times in Sector 9.
February 16: Rarewala arrested from Haridwar
March 5: Trial court declares Randhawa proclaimed offender
May 6: Police submit chargesheet against Rarewala
August 18: First hearing in the case held
October 28: Court frames charges against Rarewala under Sections 302 and 34 of the IPC
May 23, 2019: On court’s directions, police register another case under Section 174A (non-appearance in response to a proclamation) against Randhawa
October 15: Trial concludes
November 18: Court holds Rarewala guilty
