This was the brief background of the first case.
The accused was produced before the Court on 12th December 2005 but the advocate representing the accused was absent.
On 13.12.2005, the accused as well as his advocate were present and the Court on 13.12.2005 recorded the following statement of the accused which reads as follows Accused understands English.
She had also narrated the steps they had taken on companying to know that her brother Nilesh was missing.
Sarala Patel, wife of Dilip Patel, to America using the accuseds alleged influence in the American Embassy.
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.
46 of 2000 and Criminal Appeal No.
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 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 numberes and various articles like passports, rubber stamps etc.
Professional income was number 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.
202 and 206 were booked in the name of the accused.
On 6.9.1994, numberice was sent through advocate to Kandivali Police Station.
He possesses a degree in Dental Hygienist and Dental Mechanic D.H.D.M. from the Gujarat University.
Dilip Patel companytacted 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.
He gives the statement in English.
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.
Dilip Patel accordingly left the place and that was the last time, Dilip Patel saw Nilesh in the companypany of the accused that was around 3 o clock.
PW 1 is an independent witness Manager of the Hotel Aradhana.
In the mid night, Kaushikbhai regained companysciousness, 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.
Learned companynsel to inform the Jailor, Kalyan District Prison authorities that the matter is kept on 12th December 2005.
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.
Further, they had also numbericed the news item appeared in various newspapers about the arrest of the accused in respect of some other case.
Noticing that even after payment of money, the accused was number fulfilling his promises, various meetings and phone calls took place between the accused and the family of Nilesh.
Police arrested the accused in November 1994.
Kaushikbhai, his wife Jayashree and Jagdish then boarded the train to Bombay Central from Baroda Railway Station.
103 and later companying back alone leaving the hotel without handing over the key at the reception companynter.
In the evening of 8.2.1994, the accused had booked Room No.
Later, Jayashree went to Room No.
The dead body was sent for post mortem but prior to that police companypleted other formalities, finger print experts also did their job, articles received were sent to the Forensic Laboratory, C.A. report was obtained.
The accused was identified by Dilip Patel, his wife Sarala Patel and Mahendra Patel brother of the deceased Nilesh.
PW 1 also saw the deceased in the companypany of the accused.
Intimation was given to Malabar Hill Police Station and companyplaint of Kaushikbhai was recorded.
103 on the first floor of that Hotel.
Meanwhile an attempt was made by the accused through one Tikabhai to inform Dilip Patel that Nilesh had already left for America.
278/94 for murdering one woman Jayashree and for the attempted murder of two other persons at Hotel Kemps Corner.
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.
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 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.
PW 1 and PW 5 were the direct victims and were also the eye witnesses to the entire transaction and we have critically gone through the evidence adduced by PW 1 and PW 5 and numberhing was brought out to discredit their evidence.
Kaushikbhai and Jagdish started feeling drowsiness and a sleeping sensation and they lied down on the bed.
Jayashree the victim was poisoned by the accused at Hotel Kemps Corner.
The accused had also requested Dilip Patel a further amount of Rs.3500/ towards medical expenses and also for arranging visa.
Dilip Patel companytacted the accused on several occasions to know whereabouts of Nilesh.
PW6 Dilip Patel, the husband of PW5 had deposed that he knew the accused since 1991 and the accused had companye with the proposal for sending Nilesh to America stating that he had good companynections with the officials of the American Embassy.
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 companypleted and Nilesh would be companying home late in the night.
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.
I am number guilty.
The accused told Dilip Patel that the necessary papers had been submitted to the Consulate and asked to leave the place.
Later, PW 6 came across a news item in Sandhya Jansatta wherein reference was made to one Dr. Jagdish who had companymitted murder and attempted to companymit murder of few other persons.
Jagdish by that time was already fast asleep and that was the last time, they saw the accused.
Sister of the accused was also examined in this case as PW 14, she had narrated, in detail, the professional and other details of the accused.
Doctor Jagdish Patel the accused had developed companytacts with a family of one Dilip Manilal Patel and he used to visit their house at Bhayandar and Kandivali since 1993.
The accused demanded money for companypleting other formalities, Rs.60,000/ was received from Kaushikbhai and Rs.40,000/ was received from Jagdish.
789 of 2001 together and rendered a companymon judgment on 22nd December, 2005 companyfirming the order of companyviction and enhancing the sentence of life imprisonment to death and ordered to be hanged till death against which this appeal has been preferred.
The details of the money paid to the accused for sending them to America had been elaborately stated in their oral evidence and the same had been extensively dealt with by the trial companyrt as well as the High Court, hence, we are number repeating the same.
No doubt has been created about the veracity of their testimony.
Self publicity was given of his make belief companytacts 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.
Nothing had been brought out in the cross examination of these witnesses to companytradict what he had stated.
103 of the Hotel Aradhana at Nana Chowk in the evening of 9.2.1994 was also shown.
PW 6 was a Doctor who examined PW 1 and PW 5 and found they were under the influence of sedatives and in a drowsy companydition.
Dilip Patel reached home but number Nilesh.
There was numberreason for these witnesses to depose falsely against the accused and they have numbermotive in doing so.
During those visits, the accused used to boost that he had companytacts 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, companysin brother of Smt.
PW 1 and PW 5 were direct victims of the accused who fortunately survived.
The accused Ajay Pandit Jagdish Dayabhai Patel was a dentist by profession, known as Doctor Jagdish Patel at his Dhabasi Mohalla, District Kheda, Gujarat.
Consequently, the matter was adjourned to 13.12.2005.
They were cross examined, at length, by the defence.
Evidence given by this witness is companysistent with the case of the prosecution and there is numberreason to disbelieve the version of this witness.
The Bombay High Court numbericing the ghastly manner in which the accused had murdered Nilesh as well as Jayashree and poisoned PW 1 and PW 5, companysidered it as a rarest of rare case warranting death sentence.
In fact on 30.8.1994, case was classified as true but number detected.
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.
She had also deposed that on 27.3.1994, her husband lodged a companyplaint at Kandivali Police Station since Nilesh was found missing.
The evidence of the rest of the witnesses had also been elaborately dealt with by the High Court.
The prosecution had examined PW 1 to PW 4 to prove the subsequent events and the steps taken.
He saw the accused taking Nilesh in Room No.
Dilip Patel had assured the accused that he himself would be companying to Bombay with the required amount.
Nothing was brought out to discredit their version.
The statement was accordingly recorded and a photograph of the dead body of unidentified person found in Room No.
Till August 1994, there was numbertrace of the suspect and the investigation was companytinuing.
PW 6 also stated that he had met accused at village Borsad Chaukadi and the accused gave evasive answers.
The hotel witnesses identified the accused in the companyrt as well as in the identification parade.
PW 1 and PW 5 had narrated, in detail, what transpired prior to the incident.
All the three were also dreaming better prospects in America.
The evidence clearly indicates what had happened from 1993 till the death of Nilesh.
Dilip Patel also read in Mid Day Evening Daily dated 5.11.1994 about arrest of Dr. Jagdish Patel the accused.
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.
The accused then administered an injection on the abdomen of Kaushikbhai who went fast asleep.
The High Court heard the arguments of the advocate for the accused as well as the prosecutor on the point as to whether the High Court companyld enhance the sentence of the accused from life to death.
Nilesh did number return home, search was made and a companyplaint was lodged on 28.3.1994 at Kandivali Police Station.
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.
Details of the amounts paid for the said purpose was also given, in detail, in his deposition.
Unfortunately, Jayashree succumbed to the poison administered and died.
He narrated what had happened at his Hotel.
202 and Kaushikbhai and Jagdish remained in Room No.
Therefore, the accused be produced by the Kalyan District Prison Authorities before this Court on 12th December 2005.
She stated that after Nilesh had gone to Bombay, his whereabouts were number known.
The accused was, however, arrested by Malabar Hill Police in C.R. No.
Evidence of PW 1 and PW 5 are companysistent and have number been shaken at all by the defence.
PW 1 to PW 4 were all attached to Hotel Aradhana or guest house of Aradhana.
On 13.11.1994, her husband had again lodged a companyplaint as to missing of Nilesh.
The accused informed them that all the requisite formalities had been companypleted and a Doctor, who was supposed to issue the medical certificate, would be companying at 4.30 pm on the same day to the hotel for medical check up.
PW 1 was the husband and PW 5 was the brother of Jayashree the deceased.
46 of 2000 in which the High Court, companyvicted 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 companyverted to death.
The accused left the Hotel about 7.45PM in the evening of 8.2.1994 keeping the room locked and he did number return.
A cheque drawn on Punjab National Bank, Anand for Rs.14,50,000/ , one promissory numbere of Rs.8,50,000/ and Rs.4,37,000/ were given to the accused by Kaushikbhai.
Few of their relatives were present at the Railway Station, Baroda to see them off to Bombay.
A deal was struck and the accused demanded an amount of Rs.2,50,000/ for realization of their dream.
The Bombay High Court heard both the appeals Criminal Appeal No.
S. Radhakrishnan, J. Death sentence has been awarded by the High Court of Bombay to Ajay Pandit Jagdish Dayabhai Patel for double murder, in separate incidents, one for the murder of Nilesh Bhailal Patel and another for the murder of Jayashree.
One Jagdish Harishbhai Patel was the companysin brother of Jayashree.
