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This is an archive article published on February 2, 2015

J Dey murder case: MCOCA court rejects ‘Chotta Rajan aide’ Kalia’s discharge plea

The accused was booked for trailing the journalist while riding pillion on a motorbike and then shooting him.

A special MCOCA court recently rejected the discharge application of a prime accused in the murder of journalist J Dey. The accused, Rohit Joseph alias Satish Kalia, was booked for trailing the journalist while riding pillion on a motorbike and then shooting him, allegedly at behest of gangster Chhota Rajan.

Kalia, through his lawyer, argued that there is no case made out under the Maharashtra Control of Organised Crime Act (MCOCA) and there was no material to show that the alleged offence was committed by an organized crime syndicate. Moreover, he contended, there was no prima facie case to show an agreement between him and Rajan.

Kalia also contested the prosecution’s case stating that there was no prima facie evidence of supplying weapons, money or any material. The accused also alleged that approval and sanction of the MCOCA charges were given mechanically.

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The prosecution, however, claimed that two witnesses have seen and described Kalia’s role and a revolver, five empties and 20 rounds were recovered as evidence from him.

The prosecutor argued the the chemical analysis report disclosed that lead recovered from the scene of the offence, lead removed from the dead body of the deceased, from the revolver as well as from the rounds are all matching with the empties recovered. “In addition, there are other circumstantial evidences too. The prosecutor also put forth a statement by an eyewitness who claimed he heard a sound like a firecracker, then saw two motorcycles.

“The person with white helmet (J Dey) was sitting on the first motorcycle and there was one just behind the first motorcycle. The pillion rider on the second motorcycle was firing bullets from the fire arm in his right hand upon the person wearing white helmet. He fired 4­5 bullets one after other. The person wearing white helmet fell down,” the statement read.

The special MCOCA court is yet to begin the trial in the case. The court has rejected two discharge applications prior to the one filed by Kalia. The court observed that the material placed on record was sufficient to arraign Kalia as an accused in the case.

meghna.yelluru@expressindia.com

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