Ajay Pandit @ Jagdish Dayabhai ... vs State Of Maharashtra

2. The accused Ajay Pandit @ Jagdish Dayabhai Patel was a dentist by profession, known as Doctor Jagdish Patel at his Dhabasi Mohalla, District Kheda, Gujarat. He possesses a degree in Dental Hygienist and Dental Mechanic (D.H.D.M.) from the Gujarat University. Professional income was not sufficient for him to lead a lavish and luxurious life, he had other evil and demonic ideas in mind, to make quick and easy money. Self publicity was given of his make-belief contacts with the officials of the American Embassy by which he lured the vulnerable into his net, for sending them to America for better prospects in life. Several persons fell in his net like Nilesh and Jayashree and few others narrowly escaped from the clutches of death.

3. We may first deal with the facts arising out of the judgment of the Bombay High Court in Criminal Appeal No. 46 of 2000 in which the High Court, convicted the accused under Section 419 of the Indian Penal Code (for short ‘the IPC) and sentenced to suffer R.I. for one year, under Section 420 of the IPC, R.I. for two years and fine, under Section 302 of the IPC life imprisonment with fine which was converted to death.

4. Doctor Jagdish Patel – the accused had developed contacts with a family of one Dilip Manilal Patel and he used to visit their house at Bhayandar and Kandivali since 1993. During those visits, the accused used to boost that he had contacts with the officials of the American Embassy which kindled hopes in the minds of Dilip Patel and his family members and they decided to send Nilesh Bhailal Patel, cousin brother of Smt. Sarala Patel, wife of Dilip Patel, to America using the accused’s alleged influence in the American Embassy. A deal was struck and the accused demanded an amount of Rs.2,50,000/- for realization of their dream. Negotiations took place and the amount was reduced to Rs.1,10,000/- as an initial payment, and the balance was to be paid after getting Nilesh employment in America. Dilip Patel in October 1993 paid Rs.60,000/- to the accused and the balance amount of Rs.50,000/- was paid by Mahendra Bhailal Patel, brother of the deceased - Nilesh to the accused. Noticing that even after payment of money, the accused was not fulfilling his promises, various meetings and phone calls took place between the accused and the family of Nilesh. The accused reiterated his promise and later asked Dilip Patel to send Nilesh to Bombay Central Railway Station on 8.2.1994 with return ticket of the accused. The accused had also requested Dilip Patel a further amount of Rs.3500/- towards medical expenses and also for arranging visa. Dilip Patel had assured the accused that he himself would be coming to Bombay with the required amount. As promised, Dilip Patel reached Bombay in the afternoon of 8.2.1994 and found the accused waiting at Bhulabhai Desai Road near the American Consulate. The accused told Dilip Patel that the necessary papers had been submitted to the Consulate and asked to leave the place. Dilip Patel accordingly left the place and that was the last time, Dilip Patel saw Nilesh in the company of the accused that was around 3 o’ clock. In the evening of 8.2.1994 at about 5 o’ clock, Dilip Patel received a phone call from the accused stating that the formalities had been completed and Nilesh would be coming home late in the night. Dilip Patel reached home but not Nilesh. Dilip Patel contacted the accused in the morning of 9.2.1994 and he was informed by the accused that Nilesh was waiting upto 5.30PM on the previous day at Bombay Central Railway Station and that he would be back. Dilip Patel contacted the accused on several occasions to know whereabouts of Nilesh. Meanwhile an attempt was made by the accused through one Tikabhai to inform Dilip Patel that Nilesh had already left for America.

5. Dilip Patel in November 1994 read in a local newspaper Sandhya Jansatta of a news item of an incident of attempt to murder and murder by administering some tablets to three persons by one Doctor by name Jagdish. Dilip Patel also read in Mid Day Evening Daily dated 5.11.1994 about arrest of Dr. Jagdish Patel – the accused. On the basis of this information, Dilip Patel approached Gamdevi Police Station on 13.11.1994 and narrated the entire story to the police. The statement was accordingly recorded and a photograph of the dead body of unidentified person found in Room No. 103 of the Hotel Aradhana at Nana Chowk in the evening of 9.2.1994 was also shown. In the evening of 8.2.1994, the accused had booked Room No. 103 on the first floor of that Hotel. The accused left the Hotel about 7.45PM in the evening of 8.2.1994 keeping the room locked and he did not return. On 9.2.1994, for the purpose of cleaning the room, it was opened with a duplicate key and the dead body of Nilesh was found. The dead body was sent for post-mortem but prior to that police completed other formalities, finger print experts also did their job, articles received were sent to the Forensic Laboratory, C.A. report was obtained. Till August 1994, there was no trace of the suspect and the investigation was continuing. In fact on 30.8.1994, case was classified as true but not detected. The accused was, however, arrested by Malabar Hill Police in C.R. No. 278/94 for murdering one woman - Jayashree and for the attempted murder of two other persons at Hotel Kemps Corner. The accused was identified by Dilip Patel, his wife Sarala Patel and Mahendra Patel – brother of the deceased - Nilesh. This was the brief background of the first case.

6. We will now refer briefly to the facts of the second case which came up before the Bombay High Court vide Criminal Appeal No. 789 of 2001. In the second case, Dr. Jagdish Patel had three persons in his net aspiring for better prospects in America. One Kaushikbhai Sanabhaiu Patel was leading a normal family life with his wife Jayashree at Labhvel, District Anand, in the State of Gujarat. One Jagdish @ Harishbhai Patel was the cousin brother of Jayashree. All the three were also dreaming better prospects in America. In fact, they had contacted Joy Travel Agency for the said purpose in October 1994. Kaushikbhai was told by the owner of Joy Travels that the expenses of sending one person to America would be around Rs.7,23,000/-. Kaushikbhai paid Rs.20,000/- to the travel agent for himself and Jagdish. While he was nurturing the idea of going to America, the accused seized that opportunity and got acquainted with Kaushikbhai and Jagdish. The accused promised that he would realize their dreams for which he demanded a huge sum. Kaushikbhai expressed his inability to the accused to pay such huge amount for a person to go to America and consequently withdrew his request. The accused, however, could prevail upon him by suggesting that he would arrange a loan for him for the time being through one Ramchandra and he only need to purchase the tickets. On the accused initiative, Ramchandra visited the house of Kaushikbhai on 1.11.1994 and gave Rs.4,00,000/- to him, as instructed by the accused, by way of loan.

7. Kaushikbhai, his wife - Jayashree and Jagdish then boarded the train to Bombay Central from Baroda Railway Station. Few of their relatives were present at the Railway Station, Baroda to see them off to Bombay. Accused reached Bombay Central Railway Station in the early hours of 2.11.1994 and all the three along with the accused went to the Hotel Kemps Corner and two Rooms Nos. 202 and 206 were booked in the name of the accused. The accused informed them that all the requisite formalities had been completed and a Doctor, who was supposed to issue the medical certificate, would be coming at 4.30 pm on the same day to the hotel for medical check-up. The accused demanded money for completing other formalities, Rs.60,000/- was received from Kaushikbhai and Rs.40,000/- was received from Jagdish. A cheque drawn on Punjab National Bank, Anand for Rs.14,50,000/-, one promissory note of Rs.8,50,000/- and Rs.4,37,000/- were given to the accused by Kaushikbhai. Later, the accused gave one capsule and two tablets each to Kaushikbhai, Jayashree and Jagdish which they were asked to take before the medical check-up, which they did. Later, Jayashree went to Room No. 202 and Kaushikbhai and Jagdish remained in Room No. 206. Kaushikbhai and Jagdish started feeling drowsiness and a sleeping sensation and they lied down on the bed. The accused then administered an injection on the abdomen of Kaushikbhai who went fast asleep. Jagdish by that time was already fast asleep and that was the last time, they saw the accused. In the mid-night, Kaushikbhai regained consciousness, he felt some foul play and alerted the Hotel Manager and they went to the room of Jayashree and got the room opened, but Jayashree was found dead. Intimation was given to Malabar Hill Police Station and complaint of Kaushikbhai was recorded. Police arrested the accused in November 1994.

15. The prosecution examined sixteen witnesses – PW 2, PW 4, PW 14 were the staff members of the hotel Kemps Corner - they had narrated, in detail, the manner in which the accused booked the room, paid the amount, took the three witnesses to both the rooms. The hotel witnesses identified the accused in the court as well as in the identification parade. The prosecution examined PW 8 panch witnesses before whom the accused voluntarily gave statement u/s 27 of the Evidence Act which led to the discovery of huge cash amount, cheques, promissory notes and various articles like passports, rubber stamps etc.

34. In such circumstances, we are inclined to set aside the death sentence awarded by the High Court and remit the matter to the High Court to follow Section 235(2) Cr.P.C. in accordance with the principles laid down. The conviction awarded by the High Court, however, stands confirmed. The High Court is requested to pass fresh orders preferably within a period of six months from the date of the receipt of the copy of this order. The appeal is allowed to that extent.

…………………………….J. (K.S. Radhakrishnan) ……………………………J. (Dipak Misra) New Delhi, July 17, 2012