Prime accused in New Delhi’s Personal Point murder case convicted

The much-awaited judgment by Additional Sessions Judge N K Gupta, running in about 615 pages has observed: “Only circumstances which are proved are that accused Subhash Gupta wanted to develop intimacy with Sujata Shah, she being a counselor at Personal Point where accused Subhash Gupta was a member and that he called for a meeting at his office at MCD, Okhla and that he was last found in the company of the victims.”

In the absence of recovery of any incriminating article from the other accused persons, “or they being present in a hotel alongwith accused Subhash Gupta” and want of any other evidence connecting them with this case, the judge held: “It cannot be said that the remaining accused persons were absconding because of their involvement in the present case.”

Since the facts, presented before the court, were not enough to prove a complete chain of circumstantial evidence leading to conspiracy, the eight accused persons were acquitted. “As such conspiracy amongst the present accused persons is not prima facie established,” held the judge.

The case transferred in September 1998, following a controversy, saw 33 witnesses being dropped. According to the prosecution, Kaul’s body was found in Hondal, Haryana on June 7, 1996 — a day after he was kidnapped by MCD contractor Subhash Gupta. On June 8, 1996, the bodies of Shah and Deepa Gupta were recovered from Morena district in Madhya Pradesh.

The investigations led to the arrest of Subhash Gupta and his eight accomplices. Prosecution further stated that on June 6, 1996, Subhash Gupta had taken Kaul and the two girls in separate cars. While the doctor was being taken to Haryana, the girls were taken to Meerut. After Kaul was killed, Gupta apparently told his men to take the girls to Agra.

The girls were taken to one Ashwani Saini’s house in Dayal Bagh, where they were allegedly killed and their bodies were thrown in a lake in Morena on June 7, 1996. The reason for the murder, according to the police, was Gupta’s infatuation for Shah, who reportedly did not reciprocate. They claimed that Kaul was killed because he exploited Gupta’s infatuation. Kaul was reportedly pressurising Gupta to finance a chain of health centres in Mumbai. Gupta tried to haggle, but Kaul did not accept his terms.

The police traced Subhash Gupta in Mumbai, where he was staying at hotel Leela.

Holding Subhash guilty, the judge said that the accused tried to develop intimacy with her by flattering her. And since Subhash had invested huge amount to open a chain of Personal Point health centres, he knew that Sujata would not at all be in a position to retort or rebuke or complain to anybody. “This plight of Sujata was shamelessly being exploited by accused Subhash Gupta. It stands proved on record that accused Subhash Gupta wanted to have Sujata Shah and such was the motive there,” said the judge.

The recovery of blood stained mats and fibre matching with the fibres of the cloth, worn by Sujata Shah and Deepa Gupta from Subhash’s car also stand proved on record and accused could not explain as to under what circumstances the blood and fibres were present in his car.