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September 5, 2000

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Prosecution opposes Ketan, Vivek's bail plea

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Prosecution on Tuesday opposed the bail plea of Ketan and Vivek, sons of late film producer Chetan Anand, allegedly involved in the murder of former actress Priya Rajvansh, on the ground that they were the main conspirators in the crime.

Both the accused had challenged the statement of a key witness and alleged that investigations had not been conducted properly.

Special Public Prosecutor A G Deshmukh opposed their bail plea contending that the accused were present in the house when Priya was allegedly killed by a maid servant and her associate.

Both of them were watching television and did not come to Priya's rescue when she raised an alarm. The prosecution's case is based on statements given by witnesses, he told sessions judge H S Deshpande.

The prosecutor also contended that a doctor had declared Priya dead at 2230 hours (IST) but the police were informed only at 1315 hours. During this period, the accused had attempted to make the evidence 'disappear' from the scene of offence.

Ketan and Vivek have disputed the statement of a police witness, Suresh, who worked as a domestic servant in a neighbouring flat and had come to stay with his friends in the servant quarters at Chetan Anand's bungalow.

According to the prosecution, Suresh had put off the lights of the hall in the bungalow by pressing a button and later switched it on. However, the accused alleged that his statement was 'dubious' because there were four switches located at different places.

Defence counsel, Harshad Ponda and Satish Maneshinde, pleaded that Suresh's statement was a 'concocted' story. The delay in recording his statement was also 'suspicious'.

Moreover, they argued, his statement was recorded after the second remand of the accused when the police had submitted that there were no eye-witnesses to the crime.

Defence lawyers argued that Suresh's statement itself showed that he was an accused because he had given a graphic description of the crime as if he was put up there only to act as witness. His alleged statement suggested that he had played a positive role in the conspiracy to murder Priya.

They said Suresh had admitted to have switched off the lights and later put them on. By his own admission, he was an accused and the police could not pick and choose any accused.

Defence lawyers contended that police had recorded Suresh's statement under section 164 of the Criminal Procedure Code as if they have already pardoned him and made him an approver. That power, if any, vests with the court. On the contrary, they said, Suresh had played a more prominent role than the Anand brothers themselves had in the murder.

Arguments did not conclude and would continue on Wednesday.

Ketan and Vivek, their domestic servant Mala Choudhary and her relative Ashok Chinaswamy have been charged with sections 302 (murder), 120-b (conspiracy) and 34 (common intention) of the Indian Penal Code. Police filed a chargesheet on July 1.

Priya, who shared a close relationship with Chetan, was found dead on March 27 at his Juhu bungalow. Initially, after the post-mortem, the police claimed it was a case of suicide. Later, a second post-mortem revealed that she was strangulated to death before being hit with a sharp object on the head.

Ketan and Vivek were arrested along with Mala and Ashok on April 4. The brothers were alleged to have conspired to get Priya murdered as they disapproved of her visiting the Juhu bungalow after their father's death although she owned a flat nearby. Police claimed that Mala and Ashok had killed Priya.

Ketan and Vivek have denied the charge levelled by the prosecution. They said Priya was accepted as a family member and that she used to visit the Juhu bungalow for dinner every day. They also refuted the police allegation that Priya was not in favour of selling the house and, therefore, she was murdered.

Their counsel Satish Maneshinde argued that the bungalow was rented out by Chetan Anand and, therefore, could not be sold by the brothers.

The court had earlier rejected the bail plea of Ketan and Vivek.

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