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Tuesday, Dec 18, 2007
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Pravin Mahajan found guilty

Meena Menon

Prosecution will present its arguments on the quantum of sentence today

— Photo: AP

day of judgment: Pravin Mahajan being taken to a court in Mumbai on Monday. He was convicted of killing his brother and BJP leader Pramod Mahajan in the city in April last year.

MUMBAI: A Sessions Court here on Monday convicted Pravin Mahajan (48) of killing his elder brother and Bharatiya Janata Party leader Pramod Mahajan. On Tuesday, the prosecution will present its arguments on the quantum of sentence.

Pravin was convicted under Section 302 (murder) of the Indian Penal Code and Section 449 (house trespass).

The court said the prosecution had proved his guilt beyond reasonable doubt. While rejecting money as the motive for the crime, it accepted the threatening SMS (short messaging service) Pravin sent to Pramod a week before the incident. The message said: “Now there will be no pleading or prayers. It is war now and it will end in either victory or death.”

The court relied on the eye-witness accounts of Pramod’s wife Rekha Mahajan and the domestic help Mahesh Wankhede. The case was also supported by Pramod’s dying declaration in the presence of his brother-in-law and BJP leader Gopinath Munde.

On April 22, 2006, Pravin went to his brother’s residence at Purna building in Worli and fired thrice at him from a pistol. Pramod died in hospital on May 3, 2006 of multiple organ failure.

Ms. Rekha Mahajan testified that she saw Pravin firing the third round. Also, Pravin demanded Rs.1 crore from her husband and threatened him, she said.

Pravin surrendered at the Worli police station after the incident and the charge sheet was filed on July 14, 2006. Three supplementary charge sheets were filed later.

The trial, which began in March, witnessed many twists and turns. A portion of the trial was held in camera as Pravin made personal allegations against Pramod. It was during Mr. Munde’s testimony that the issue of the threatening SMS came up. Police filed a supplementary charge sheet on this later.

The court said the shooting was corroborated by other circumstantial and consistent evidence, besides testimonies of medical, ballistic and handwriting experts.

“The prosecution case inspires every confidence and leads to the inescapable conclusion that the accused committed the crimes of which he has been charged,” the court said.

An impassive Pravin, clad in spotless white, said he was not surprised at the order as he had been listening to it being dictated for the past 10 days.

None from Pramod’s family was present when the verdict was read out.

“Will challenge verdict”

Pravin’s wife Sarangi told reporters that they would challenge the verdict in the High Court. Pravin has pleaded not guilty to the murder charge.

Special Public Prosecutor Ujjwal Nikam told reporters that it was a victory for the prosecution as the accused was convicted of wilful murder.

He said the defence was trying to pick holes in the case but that did not work in its favour.

The defence said it was an accidental firing caused in a scuffle between the brothers. It also tried to prove that an SMS could be fabricated.

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