My conscience clear, did not commit any crime: Chintan Upadhyay
State seeks death for four accused, court to pronounce sentence on Tuesday
6 min read
On Thursday, the court found 50-year-old Chintan Upadhyay guilty on charges of abetting and conspiring the murder of Hema Upadhyay, under Section 109 read with 120B of the Indian Penal Code (IPC). (Express Photo by Amit Chakravarty) Two days after a sessions court in Mumbai pronounced him guilty of abetting and conspiring the murder of his estranged wife artist Hema Upadhyay in 2015, artist Chintan Upadhyay told the court that his conscience was clear and he had not committed any crime. He said that he was not pleading for any mercy to be shown to him and was “good to accept” whatever punishment the court gives him.
“My conscience is very clear. I have done nothing wrong. I have not committed any crime. I am totally innocent. However, the court has found me guilty. I am not pleading for any mercy. Whatever punishment court will give, I am good to accept. I believe in law and I believe in the judiciary,” Chintan told the court, standing in the witness box when called upon by the judge on Saturday afternoon to speak on the sentence he should be given. Chintan faces a minimum of life imprisonment and a maximum of the death penalty.
Additional sessions judge S Y Bhosale will pronounce the sentence on Tuesday.
On Saturday, special public prosecutor Vaibhav Bagade sought that Chintan and three others — Vijay Rajbhar, Pradeep Rajbhar and Shivkumar Rajbhar — be given the maximum punishment of death claiming that the murders of Hema and her lawyer Harish Bhambhani were “cold blooded and calculated”.
On Thursday, the court had found 50-year-old Chintan guilty on charges of abetting and conspiring the murder of Hema, under Section 109 read with 120B of the Indian Penal Code (IPC).
The three others were found guilty on charges including Section 302 (murder) of the IPC for smothering the two victims, wrapping their bodies in cardboard boxes before dumping them in a nullah in Kandivali on December 11, 2015. Ten days later, the police had arrested Chintan claiming that the murders were done by the co-accused at his behest over his strained relationship with Hema. A key accused, Vidyadhar Rajbhar, who previously worked as a fabricator for the couple, went absconding after the crime and continues to remain wanted. The police had claimed that on the day of the murders, Vidyadhar had lured Hema to meet him in exchange of information he had on Chintan, which she could use in their matrimonial disputes in court. Bhambhani had decided to accompany her and was murdered too.
On Saturday, Bagade submitted that Hema was a world renowned artist and Bhambhani was representing her as a client in her divorce and other proceedings with Chintan, while doing his job as a lawyer.
“The double murders were talk of the town. The society was shocked. It involved the murder of an advocate. They are doing their duty, representing clients, nobody has the right to eliminate them. Hence the crimes are on a higher gravity. Such tendency of crime has to be curbed. Considering the attack on an advocate, which is vital pillar of the society, a message has to be given that if pillars are shaken, it will be taken seriously,” Bagade said, seeking that they be given the maximum punishment as the manner in which the murders were committed and the bodies were dumped revealed that it was a “barbaric” act.
Lawyer Raja Thakare representing Chintan submitted that the court had not found him guilty for conspiring to murder Bhambhani nor was he a participant in the murder of Hema, hence these grounds for seeking death penalty for him do not apply. Thakare also submitted that the court needs to consider that the evidence in the case was circumstantial. While Bagade said that Chintan’s “attitude” that he was not pleading for mercy should be considered by the court, his lawyer, however, said that the court should not consider it as “arrogance” and must see that there is an alternative to the death penalty available before the court in the case and reform was possible for the accused.
On Saturday, while Chintan, who was seated in the first row, a row apart from the other three co-accused in the accused enclosure at the back of the courtroom, said that he was not pleading for mercy, the three requested for leniency stating that they were the only bread earners of the family and had spent eight years in jail with their old parents, young siblings and children, having no means of sustenance.
Vijay Rajbhar also told the court that his children had not been able to take admission in schools for the past few years. Shivkumar said that he had just turned 18 at the time of the offence and his young age should be a consideration for lenient punishment. Their lawyers Anil Jadhav, R R Mishra and Vijay Yadav also submitted that they had no previous criminal antecedents.
Bagade said that the three accused were not compelled to commit the crime. “It is not the case that the other three accused were compelled by the conspirator to commit the crime. They voluntarily did it,” Bagade submitted.
After the hearing, the court directed the accused to be taken back to Thane jail and produced on Tuesday when it will pronounce the sentence. Chintan, who was released on bail in September 2021 by the Supreme Court, after six years in jail, and had surrendered again on Thursday after the verdict, was given time by the court to meet his friends who had turned up in court to show their support to him.
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