In the High Court of Bombay, at Mumbai

Case No. 1217 of 2016

State of Maharashtra ….Prosecution

V.

Neha Mittal

Pankaj Mittal

Aloknath Kale … Accused

 STATEMENT OF FACTS

1. Kamini Karia (deceased); a lawyer was married to Mr. Nishant Karia, a leading
businessman for the last twelve years and out of the wedlock was born a son, Aryan
Karia, ten years old. She was living with her husband and son at their marital home
since marriage. They recently shifted to a new house in Koregaon Park, “HERMES
VILLA” and have been living there a little over a year. She was one of the youngest
to be promoted to partner in one of India‟s emerging law firms “Hobb & Green -
Attorneys”. Everyone loved Kamini and she was known for her gentle and soft-
spoken nature.

2. Neha Mittal (Accused No. 1), cousin of Kamini was her father‟s brother‟s daughter.
She was married to Pankaj Mittal, an engineer. Neha and Kamini shared amicable
relations between them as they had both grown up together. Over the years, this
sisterly relationship also manifested itself into a fiduciary one wherein Kamini lent
money to her sister to help in her catering business, “Herbs & Spices Catering Co.”.
On 12/06/2004 as a part of one such transaction, Neha, while promising to return
the sum within four months, borrowed a sum of Rs. 20,00,000/- (Rupees Twenty
Lakhs) from Kamini to invest in her business.

3. Months passed, but there was no mention of the borrowed sum. In spite of several
reminders and follow-ups, the sum yet remained unpaid. Every time there would be a
reason as to why it was not possible for Neha to return the borrowed sum to Kamini.
Business was a little low due to the sudden mushrooming of competition around and
Neha was finding it very difficult to sustain her catering business without the influx
of additional funds. On 31/01/2005 Neha convinced Kamini, against the wishes of
Nishant, into investing another Rs. 30, 00,000/- (Rupees Thirty Lakhs) into the
business and promised to repay it at the earliest.

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4. History repeated itself and yet again, Kamini was left disappointed at the fact that she
had not received the money that was owed to her. There were frequent disagreements
and arguments between Nishant and Kamini and finally it was mutually decided that
this would be the last time they would lend money to Neha. Over a family dinner one
night on 27/3/2005, a final ultimatum was given to Neha to pay the money due to
them by September as they required it for the purposes of remodeling their house.

5. Feeling hurt at the insults and the way she was treated, Neha was to have her revenge.
Thus, on 9/9/2005, Neha called up Kamini and requested her to visit her at her
residence at Citadel Towers, N.I.B.M Road, Pune at 8 pm that day. Neha mentioned
that she was happy that business had been peaking in recent times. A meeting was
fixed and Kamini immediately called up Nishant and informed him about this
meeting. The conversation went at length and they concluded by saying that they had
been too hard on Neha during the dinner and that she was a nice person.

6. One month later, on 10/10/2005 Kamini‟s highly decomposed body was found in
the Malshej Ghats which forms a part of the Western Ghats located on the Pune
Nashik highway (NH 50).

7. Going back to 9/9/2005, Kamini wrapped up her office work and left from her
office by 7:15 pm. Citadel towers was approximately twenty minutes away but with
traffic this journey could stretch up to thirty minutes on an average. She called up
Nishant and told him that she was on her way to Citadel Towers and had just crossed
Henny‟s Waffle Hut, a famous eatery and landmark of Wanowrie (Pronounced as
„wah-now-ree‟). She expressed her concern regarding the money and said that she was
hoping to receive at least a part of the lent amount considering that Neha‟s business
had picked up. She further added that she would call him up once she was leaving
from there. This was the last phone call recorded by the phone company that was
made from Kamini‟s number.

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8. It had been half past midnight and Nishant had begun to grow worried as Kamini
had not yet returned home. It was not like her to not inform him in case of a delay.
He knew at that instant that something was not right. He called up Neha to ask about
the whereabouts of Kamini to which Neha replied that Kamini had never reached her
residence at the decided time so she thought that their meeting had been cancelled.
He then called up her parents, Usha and Vinod Singh and inquired if Kamini had
come to their residence which was at Viman Nagar, Pune. Knowing that no one had
heard from Kamini, her parents were visibly disturbed so the entire family decided to
meet at their residence.

9. It was concluded that this was unusual behavior and that a missing person‟s
complaint needed to be filed. It was at this time that the much silent Neha begun
convincing everyone against filing a complaint as Kamini could have been stuck up in
some important work. Not having heard from Kamini even after thirty six hours
since her disappearance, Nishant along with Usha and Vinod filed a missing person‟s
complaint on 11/09/2005. They also informed the police that Kamini‟s car, a 2002
model of the Hyundai i10, silver colour, bearing number MH 12 HZ 30421 which
was driven by her was also missing.

10. The investigation started on 12/09/2005 with the police questioning the family
members regarding the last known whereabouts of Kamini. Nishant was considered a
suspect but he was soon ruled out once he established his alibi. He also told them
that the last person to have possibly seen Kamini was Neha as they had been
scheduled to meet that evening. When the police questioned Neha and Pankaj
regarding their scheduled meeting with Kamini, they were very evasive and told the
police that Kamini never visited them that evening.

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11. On 25/09/2005, the police located Kamini‟s missing car, which had been left
abandoned on the Pune-Nashik highway. After a thorough search of the car the
police forensic team recovered hair like fibers stuck to the carpet in the boot of the
car. These fibers were then sent for examination to the laboratory.

12. The investigation then led to the office of the deceased wherein the Secretary, Priya,
was questioned on 05/10/2005. She revealed that Kamini had once told her that if in
case there would be a day when she does not return for a long period of time and no
contact could be established with her, then in such a situation Priya was to take the
keys of her office almirah given to her, open it and hand over the contents therein to
Kamini‟s parents. The investigation then led to Kamini‟s parents who revealed the
contents of the file to be a list of all of Kamini‟s important documents such as her
will, bank deposit receipts etc. one of such documents consisted of the financial
transactions of Kamini with other people.

13. On the basis of this document the police established that Neha was the only person
with the strongest motive to eliminate Kamini. When the police reached Neha‟s
apartment on 08/10/2005 in order to take Neha into custody for questioning they
discovered that the flat was locked and Neha and Pankaj were both absconding. The
police then took their domestic help, Aloknath Kale into custody for questioning. It
was during this interrogation that they found out that Neha and Pankaj had gone to
Mysore on 06/10/2005. Effort was made to reach them but they constantly remained
unavailable.

14. On 09/10/2005, after several hours of questioning Aloknath and pressurizing him,
Aloknath confessed to the police that he had helped Neha and Pankaj strangulate
Kamini on 09/09/2005. He added that while Neha strangulated Kamini, Pankaj and
he had pinned her down and they let go only once she had stopped moving. He then
helped Pankaj wrap up the body in a carpet and load it in Kamini‟s car. They then

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 drove towards Malshej Ghats and at particular spot in the forest they dumped the
body. He further added that he was willing to cooperate completely with the police in
return for a lesser sentence. Aloknath then told the police that he would take them to
the exact spot where the body had been buried.

15. As per the information provided by Aloknath Kale, on 10/10/2005, the police
arrived at the Ghats where the body was alleged to have been dumped by the
accused. The police were guided to the exact spot by Aloknath. The forensic team
dug up the area and retrieved the highly decomposed body of a female in her mid-
thirties. There was jewellery worn by her which was sent for identification. The body
was sent to Sassoon Hospital, Pune for a post mortem which concluded that the
death was an unnatural death due to asphyxiation caused by the fracturing of the
hyoid bone. The hair on the decomposed body was extracted and was then sent for a
DNA analysis. Upon comparison with a sample take from Kamini‟s hairbrush, it was
concluded beyond doubt that the body was that of Kamini. The level of
decomposition suggested that she been dead for around one month.

16. Taking into consideration the statement of Aloknath, the forensic evidence and the
circumstances surrounding the disappearance of Kamini on the night of 09/09/2005
and her subsequent murder, a First Investigation Report was filed on 10/10/2005
against Neha, Pankaj and Aloknath for murder of Kamini Karia. A team of
policemen went to Mysore on 13/10/2005 and arrested Neha and Pankaj and
escorted them back to Pune. A charge sheet was then prepared on 04/11/2005 in
which each of the accused was charged under the relevant provisions.

17. The charge sheet was filed by the police on 07/11/2005 and the trial was conducted
by the Hon‟ble Sessions Court of Pune at Pune. On the basis of the witness
testimonies and the evidence in the case, the Hon‟ble Sessions Court acquitted
Accused No. 1 Neha Mittal, Accused No. 2 Pankaj Mittal and Accused No. 3
Aloknath Kale. The Judgment was passed on 30/12/2015. All the three accused

Page 5
 named have been set free. Aggrieved by this order, the State has preferred an appeal
before the Hon‟ble Bombay High Court at Mumbai and the same is pending hearing.

Argue the case on the basis of the given facts either on behalf of the Prosecution or the
Defense.

Page 6
 EXHIBIT I
FIRST INFORMATION REPORT
(u/s. 154 of CrPC)

1. District: Pune; PS: Kondhwa; Year: 2005

2. FIR No: 172/2005

3. Date of occurrence: 09/09/2005

4. Acts:
i. Neha Mittal, u/s. 34, 120A, 120B, 201, 300 and 302 of the Indian Penal Code.
ii. Pankaj Mittal, u/s. 34, 120A, 120B, 201, 300 and 302 of the Indian Penal Code.
iii. Aloknath Kale, u/s. 34, 120A, 120B, 201, 300 and 302 of the Indian Penal Code.

5. Occurrence of Offence:
Day: Friday.
Time: Approximately 9 PM.

6. Information recorded at PS: Date-10th October, 2005; Time: 04:20pm

7. General Diary Reference Entry No. 7 of 10th October, 2005

8. Information recorded by: Head Constable Shivam Advani

9. Type of information: Personal

Written/Oral: Oral

10. Place of occurrence: # D-17, Citadel Towers, N.I.B.M Road.

Distance from Police Station - 2.1 km West.

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11. Informant Name: Investigating Officer Jai Singhania
Nationality: Indian
Occupation: Investigating Officer

12. Details of Known/ Unknown/ Suspected/ Accused with particulars: Suspected persons
i. Mrs. Neha Mittal, Age 33, D/o Mr. Yash Dasgupta
Occupation: Business, Herbs & Spices Catering Co., Wanowrie, Pune.
ii. Mr. Pankaj Mittal, Age 37, S/o Mr. Mohil Mittal
Occupation: Service, Zebtec& Solutions, Pune.
iii. Mr. Aloknath Kale, Age 28, S/o Mr. Maruti Kale
Occupation: Domestic help

14. Particulars of injuries sustained: None

15. Date and time of dispatch to the Court: 31st October 2005, 11.35 a.m.

16. FIR Contents –

On 10/10/2005, a dead body of an unidentified female was recovered based on a confession of
Mr. Aloknath Kale. The same was sent for a post mortem and a few hair samples were sent for
DNA testing to determine the identity of the deceased. The Post mortem report dated
10/10/2005 concluded that death was due to asphyxia by strangulation which suggests death
due to unnatural causes. As per the confession of Mr. Aloknath kale, a complaint against Mrs.
Neha Mittal and Mr. Pankaj Mittal has been registered.

17. FIR read to the complainant/ informant, admitted to be correctly recorded and a copy given to
the complainant/ informant free of cost.

18. Signature/thumb impression of Complainant/ Informant: Mr. Jai Singhania

Signature of Officer-in-charge, Police Station:

Sd/-
DamodarShinde
(Senior Police Inspector)

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 EXHIBIT II

POST MORTEM REPORT

Post Mortem Report No. 1727

Date and Hour of Receipt of Inquest Paper and Dead Body: 10th October, 2005 at
2.15 PM
Date and Hour of Starting Autopsy: 10th October, 2005, 04:30 PM
Date and Hour of Concluding Autopsy: 10th October 2005, 9:15 PM
Body Brought and Identified by: Inspector Jai Singhania. Still unidentified

SCHEDULE OF OBSERVATION
A- GENERAL
1. Name: Unknown

2. Age: Approximately 40 years. Sex: Female

3. Address: Unknown

4. Height: 160cmWeight: Unknown Physique: Normal.

5. Special Identification Features (in an Unknown Body): Presence of a mole behind the
right ear.

6. Post-mortem Changes present: There is putrefaction of the body. Body is already in a

state of decomposition. Skeleton visible with muscle still attached to it.

7. Injuries:Presence of two fractures.

B-EXTERNAL EXAMINATION
The body is that of an adult female measuring 160 cm and weight, not possible to determine.
The body is normally developed and consistent with the given age of approx. 40 years. The
scalp is round. The nose is long. The tongue is protruding out. Total numbers of teeth present
is 30 and are white. The ears are small in size.

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The scalp hair is black and scanty but long with a few streaks of bronze colour. There is no
facial hair. The body does not have identifiable eyes. The mouth contains natural teeth. The
ears, nose and mouth show no abnormalities. The neck is of normal configuration and there
are no palpable masses. The extremities are symmetrical and normally developed.
There is no evidence of emergency medical intervention.

C-INTERNAL EXAMINATION
The organs have already decomposed to a great extent and are in the stage of an advanced
decay.
Head and Neck: No visible injury to the skull but the hyoid bone in the neck is fractured.
Cardiovascular System: Already in a state of decomposition.
Respiratory System: Already in a state of decomposition.
Digestive System and Liver: Already in a state of decomposition.
Genitourinary System: Already in a state of decomposition.

D- EVIDENCE OF INJURY
1. Head and Neck
Wound no. 1 is a fracture to the hyoid bone. The wound is located on the neck.
2. Superior Region
Body severely decomposed to determine presence of any injuries in the superior region.
3. Inferior Region
Wound no. 2 is a hairline fracture on the tibia (Medial Malleoulus) of the left ankle. It is a
minor stress fracture. There is formation of new tissue around the wound, indicating that it is
an old injury.
Wound no. 1 is caused by unnatural causes whereas Wound no. 2 is natural. Wound no. 1 is
caused due to an external force or pressure upon the neck.

D- SPECIMEN COLLECTED FOR TOXICOLOGICAL ANALYSIS: None

F- TIME SINCE DEATH: Taking into consideration the level of decomposition and the
surrounding in which the body was placed in, approximately 4-6 weeks have passed since the
death of the victim.

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G- OPINION: Even though there are multiple injuries on the body, only the fracture of the
hyoid bone was lethal enough to cause death. The cause of death to the best of my knowledge
and belief is asphyxia due to strangulation.

On 10thof October, 2005 at Sassoon Hospital, Pune

Signature:

Name and Designation: Dr. Mugdha Shah

Dr. Aamer Chabbria

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 STATEMENT OF WITNESSES

NEHA MITTAL (Accused no. 1)

I am Neha Mittal, 33 years of age, married to Mr. Pankaj Mittal. I have a degree in Bachelor of
Science (B.Sc) in Hospitality and Hotel Administration from Institute of Hotel Management,
Catering Technology and Applied Nutrition, (IHM) Goa. I run a successful catering business by the
name of „Herbs & Spices Catering Co.‟. I am Kamini‟s cousin. News of Kamini‟s death has really left
me shaken.

Kamini and I grew up together. We were inseparable as children and even though priorities changed
as we grew up but the bond of sisterhood kept growing stronger. No one knew me and understood
me better than Kamini. She had always been there by me through thick and thin. When she got
married to Nishant I was genuinely and truly happy for my sister. We continued to keep in touch
and made sure we met regularly.

Yes, there have been several monetary transactions but we ensured that whenever either of us
borrowed money from each other, we paid it back as soon as possible. There have been numerous
instances when Kamini had also borrowed money from me. This was back when she was an
associate at Hobb& Green - Attorneys and Nishant jiju’s business was just starting to pick up. In one
such incident, I had lent money to Kamini as she needed it to make a down payment on the house
she was currently living in.

I would never even imagine hurting Kamini, let alone murdering her, that too for a silly debt. The
police have made a big mistake by arresting my husband and me. I was supposed to meet Kamini on
09/09/2005. We were going to have dinner together and I was going to talk to her about my
catering business. I was going to request her to consider my catering services for their upcoming
office event. I waited till 9:30pm but she never turned up. I tried to call her quite a few times but her
cellphone was switched off. I thought she was busy with work so I had my dinner and went to bed.

At around 12:20 am Nishant jiju called me up and he asked me whether Kamini was at my residence.
I told him that she had not yet come. He then told me that Kamini had not yet returned home, he
seemed very worried and on hearing this I too had started to get a little anxious. I tried her
cellphone once again but it was switched off. I could not sleep so I watched Masterchef Australia for

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a while. Then again at around 12:45 am Nishant jiju called me up and asked me to come to Chachaji’s
residence in Viman Nagar, Pune. So I rushed there immediately.

Everyone had gathered there and was worried for Kamini. They decided to file a missing person‟s
report with the police but I convinced them not to as it was very much possible that Kamini could
have been stuck in some important work or meeting in office. She had been made a partner recently
and so her responsibilities had increased. There was nothing to panic about and it was not advisable
to involve the police in this unnecessarily right now.

After the complaint was even filed, I was questioned by the police and I told them everything I
knew. I was with the family constantly and even tried to follow up on the case with the police. After
that, my father-in-law suddenly fell ill so we had to rush to Mysore to be with the family. On
10/10/2005 I then received the news that Kamini‟s body had been discovered. I was shocked and
extremely overcome with grief. I could not believe that my sister was no more. It was the worst day
of my life.

I had not even recovered from this shock that the police showed up at our doorstep and arrested my
husband and me saying that we had murdered Kamini! This was absolutely ridiculous!

I loved Kamini and could never hurt Kamini. The police have made a huge mistake.

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PANKAJ MITTAL (Accused No. 2)

I am Pankaj Mittal, 36 years of age, married to Neha Mittal. I have a Bachelor‟s Degree Business
Administration from Welinkar Institute, Mumbai. I am the Assistant Manager at Zebtec &
Solutions, Pune. I am Kamini‟s brother-in-law. This tragedy has really come as a great shock to our
entire family.

Kamini and my wife were extremely close to each other. They would often visit each other. There
were several instances when Kamini along with Nishant would come to our residence for a meal and
we would talk endlessly for hours together. It was the same when we would visit them. Family
relations were very good between us.

I remember that on 09/09/2005 Neha invited Kamini over. This was to be a usual meeting between
the two. But Kamini never visited so we had dinner and Neha went to bed. I went out to visit one of
my friends, Vedant Khanna. It got really late so I slept over at his place and the next day when I
returned home Neha told me that Kamini was nowhere to be found. Naturally we were all a little
worried but I did not think much into it and continued with my day.

I was also questioned by the police and I told them everything they wanted to know. I cooperated
fully with the investigation. We all just wanted Kamini to come back home safely. After this, on
06/10/2005 my father suffered a paralytic stroke due to which Neha and I rushed to Mysore. I was
worried about the well-being of my father.

We then received news that on 10/10/2005 Kamini‟s body had been recovered. I was shell-shocked.
I was trying to console my wife who felt so very sad and broken on receiving the news of her death.
We were also informed that the death was a murder.

Out of the blue on 13/10/2005 the police just showed up at my parent‟s doorstep in Mysore and
arrested Neha and me. I am so confused at all of this. Why have the police arrested us? Shouldn‟t
they be looking for the one who murdered Kamini? Everything is just going horribly wrong. First
my father falling ill and then this arrest.

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ALOKNATH KALE (Accused no. 3)

My name is Aloknath Kale. I am 28 years old. married to Vimal. I am 10th pass so English of my is
bad. I working at Neha and Pankaj sahibs house for past 3 saal. I am poor man. I have 3 children
Laxmi, Pandurang and Suresh.

I know Kamini madam because she coming to sahibs home lots to meet Neha madam. Whole family
meeting especially on Sunday so extra work for me that day but I get extra payment from Nishant
sahib. Very nice peoples everyone. They also supporting English medium education of my childrens.

Inspector sahib, I don‟t want to go to the jail. I am only earning member in my house. My children
will remain hungry if I go to jail. I will tell you everything if you promise to forgive me. I did a very
wrong thing because Neha Madam promised me lots of money if I help her and did not tell anyone
about what happened on 09 sitambar 2005.

Sir, that night I working till late. Neha madam told me that she give me a lot of money if I helping
her with something. I said yes because I getting lot of money but I did not know what madam want.
Pankaj sahib then took me to the terrace during morning and telling me that they are planning to
murder Kamini madam. I shocked very much and don‟t want to be a part of it. I scared but Pankaj
sir told me that they would finish my family if I not listening to him. I agree because of this.

Later that night Kamini madam coming to meet Neha madam at 8:00 baje. Kamini madam came
home. I gave glass of juice with a tablet that Pankaj sir gave me. Madam drank it and she started
getting chakkar. Neha Madam started pressing the neck of Kamini madam. She began to moving like
dying fish so Pankaj sahib asked me to hold Kamini madam legs. Kamini madam stopped moving
after some time. I knew she was dead. She was not breathing. I was feeling very scared. Pankaj sahib
then told me to bring the carpet from the storage.

I then wrapped up Kamini Madam‟s body in it and then Pankaj sahib and I took it down, put it in
madam ke gadi ka dikki and sahib asked me to drive towards Nashik. So I started driving. Sahib did
not tell me where we were going. After driving for around three hours we reached a ghat which I
remember was Malshej ghat. We took left turn on a kaccha rasta and I kept driving. We then went to
forest like area where sahib asked me to dig a big hole, to throw the body inside the hole and to
cover properly it with mitti. It was very dark and I was feeling very scared.

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After we had buried the body in the forest area, sahib told me to start driving again and go Nashik
highway. Near highway sahib telling me to stop and starting to cleaning the car. After cleaning car
we started walking on highway. A truck driver agreed to give us a lift till Pune for some money
which sahib paid. We reached home next morning and sahib telling me go home and to not talk
anything about what happened yesterday. I was very scared. I promised to not say nothing because I
would go jail and sahib would hurt my family.

I am really very scared and I don‟t want to go to jail. Please forgive me lots.

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JAI SINGHANIA – Investigating Officer

I am Jai Singhania, age 45 years; I am the Investigating Officer in the present case. I cleared the
CGPE examination in the year 1995. I was put in charge to this case on 12/09/2005, after the
missing person‟s complain was registered on 11/09/2005 at the Kondhwa Police Station, Pune. I
have dealt with several cases of this nature.

The investigation first started with the questioning of Nishant Karia, deceased‟s husband. He was a
suspect at first but was ruled out at the very beginning once he gave his alibi. He mentioned that the
last conversation he had had with Kamini was when she had called him up to tell him that she had
left from office and was heading towards Neha‟s residence. The investigation then was taken
forward and her cousin Neha Mittal and her husband Pankaj Mittal were questioned. They were
being evasive and scared but did not seem to be the suspects at the first instance. They denied the
fact of Kamini visiting their residence that night.

I then visited Kamini‟s parents who told us more about Kamini‟s relations with Neha. They also
mentioned that the families were close since they had both grown up together. We were also told
that since Kamini had recently been promoted, she would end up spending long hours in office,
often working till late. They further added that Kamini was a good person and had never gotten into
any trouble. She was very helpful and was always willing to go out of the way for anyone who
needed help.

The investigation then led to the office of Kamini, Hobb & Green – Advocates. There we
questioned her secretary Mrs. Priya Kapoor. She told us about Kamini‟s daily schedule and about
how Kamini would stay till late finishing up on work. She then told us about a specific incident with
regard to the almirah. She then opened it in front of us and handed over the contents to Kamini‟s
parents who then showed it to us. In it were all the financial details of Kamini, her will and a few
other documents. After processing these documents we discovered that Neha and Pankaj owed a
huge sum of money to Kamini.

My team and I went Neha‟s house. They had absconded but, Aloknath Kale, their domestic help
was at their residence. We sensed fear on Aloknath‟s face when we reached the Mittal‟s residence.
Aloknath was taken into custody for questioning. After several hours of questioning, he finally

Page 17
agreed to disclose the events of that night in bargain for a lesser sentence. All legal procedures were
followed in order to record his statement.

He started by saying that he regretted his actions and wondered why he fell into trap for the sum of
money that had been promised to him. He stated that, on the night of 09/09/2005 he was asked to
stay for longer. All the instructions for that night were given to him by Pankaj. He said that Kamini
came to their residence by 9 pm. Aloknath then served Kamini a drugged glass of juice as instructed
by Pankaj. Soon Kamini was unconscious and this was when Neha strangled Kamini by her neck
while Pankaj and he held her. Soon he was asked to get the carpet from the other room and
Kamini‟s body was wrapped in it.

Then he along with Pankaj, took the wrapped body, put it in the boot of the car and started driving
as per the instructions of Pankaj. While they were driving along the Pune Nashik highway they
reached a region called the Malshej Ghat where he and Pankaj buried the deceased‟s body. After
burying the body, they started driving and after a few kilometers they stopped to clean the car.
Another few kilometers ahead Pankaj decided to abandon the car. It was already the dawn of
10/09/2005 when Pankaj and Aloknath returned to Pune.

As per the information revealed by Aloknath, we headed towards Malshej Ghat. We reached the
exact spot where Aloknath alleged to have dumped the body. After the team dug up the area, we
recovered the decomposed body of the deceased. A spot panchnama, inquest panchnama was done
and the body was subsequently sent for post mortem. In the mean time, a FIR was registered against
Neha and Pankaj for the murder of Kamini.

The post mortem report dated 10/10/2005 revealed the body to be of a woman who had died due
to asphyxia by strangulation. The hair on the scalp was then sent for DNA testing. The DNA report
dated 14/01/2005 confirmed the identity of the deceased to be that of Kamini.

Aloknath also disclosed that the Mittal‟s had left for Mysore on 6/10/2005. This is when my team
and I travelled to Mysore and arrested the Mittal couple by 13/10/2005.

The Mittal‟s have always denied to have murdered Kamini and have continued to say that Kamini
never visited them that night.

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PRAKASH YADAV - Watchman

I am Prakash Shukla. I am the security guard at Citadel Towers, N.I.B.M Pune-411048. My shift
hours are from 9am to 9pm, Monday to Saturday. I get a monthly salary of eight thousand rupees
per month. My duty is to make sure that only known people enter the society. If an unknown person
enters I am supposed to intercom the residence and confirm the identity of the individual who has
come to visit. I do not have a very hectic schedule. I have to just sit at the entrance of the society
and monitor the entry and exit of people.

That night I did see Kamini Ma‟am enter the building where the Mittal‟s stay. Kamini ma‟am and
Nishant Sir would visit Neha Ma‟am and Pankaj Sir very often. I did recognise their faces. I also
remember one instance when Kamini Ma‟am had given me rupees hundred as a token during the
Ganpati festival.

I do not know what time Kamini Ma‟am left the Mittal‟s residence that night as my shift hours were
over.

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SHYAM PATIL - Chaiwala

I am Shyam Patil. I am 19 years old. I am the son of the Adit Patil chaiwala. I have been serving tea
to the constables since the age of ten. Our tea stall is opposite the Kondhwa police station and we
regularly supply tea to the policemen there. I go serve tea to the constables every one hour regularly.
My first round starts at 9am and ends at 11pm. I know all the constables very well. I often talk to
them here and there whenever I am there.

On 09/09/2005 I went it was around 4pm. I saw one police man inside the lockup with another
man. The police man was shouting and hitting the other man. It was exactly like a scene from a
movie, so I thought I will record it. So I took out my camera phone and started recording a video on
it. One of the constables saw me do this he shouted me at me and asked me to leave immediately.
So I hurriedly left from there.

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PRIYA KAPOOR (SECRETARY)

I am Priya Kapoor, 30 years of age, married to Yash Kapoor. I have an M.com degree from Vaida
College, Pune. I am the personal secretary to Mrs. Kamini Karia since the past two years. She was a
very nice and inspiring woman. Everyone in office looked up to Ma‟am for her professional and
ethics. I am shocked at the news that Kamini Ma‟am is no more.

A usual day in office would involve Ma‟am coming in by 10:00am. Ma‟am had a lot of
responsibilities and this prevented her from having a fixed time to leave. There were some days
where Ma‟am would end up staying late in the night till around 12:30am. There were times when
Ma‟am would get so busy that she would even forget to have her meals.

Ma‟am and I did not speak much regarding personal matters but this one day, I remember clearly.
Ma‟am asked me to come into her cabin and handed me a key. She said that this was the key to her
almirah and in case Ma‟am did not come to office for more than four days and if contact could not
be established with her, I was to open the almirah and inside would be a green coloured folder. I was
to hand this folder over to Ma‟am‟s parents.

I was a little confused about this but since they were instructions from Ma‟am, I agreed to it. So
when Ma‟am was not to be found and could not get in touch, I did not open the safe immediately.
Instead I chose to wait hoping that Ma‟am would come back. But when the police showed up and
were inquiring about Ma‟am, that‟s when I told them about the almirah. I then handed the folder to
Ma‟am‟s parents.

I don‟t know what was there inside but I hope Ma‟am is found at the earliest.

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NISHANT KARIA (HUSBAND)

I am Nishant Karia, 38 years of age, married to Kamini Karia. I have a MBA Degree from Xavier
School of Management (XLRI), Jamshedpur. I run a successful chain of breweries established in
various cities in India. Kamini was the love of my life and together we had a son named Aaryan. Her
death has really left me shattered and broken. I don‟t know how am I going to cope up with her loss
but I have to for the sake of my son.

We had been happily married for the past twelve years. Getting married to Kamini was the best
thing that had ever happened to me. It was after our marriage that my business really started
flourishing. It was like the Goddess Lakshmi had entered our home in the form of Kamini.
Everyone in my family absolutely loved her. My parents treated her like their own daughter.
Everything was just perfect and it seemed like nothing could ever go wrong.

Since the beginning of our marriage, Kamini had stayed in touch with her cousin Neha. We would
visit them often and spend the day with them over meals and just talking endlessly. Neha and her
husband Pankaj were really nice people and we quite enjoyed their company. There were several
times when Kamini lent money to Neha for her catering business. I did not mind considering the
fact that they were sisters and that both of us were doing well.

We had a disagreement and argument regarding this once. I felt that since Neha was not returning
our money, we should not lend her more till we recovered what was due. But against my better
judgment, and out of the sweet and loving nature that Kamini had, she lent Neha a huge sum of
thirty lakhs. Months passed but there was again no sign of her paying us the money back. But one
day, on 09/09/2005, while I was out for a meeting, Kamini got a call from Neha asking her to meet
her.

Kamini called me up on her way to meet Neha and that was the last I heard from her that night. I
tried to get in touch with her frantically but I failed. Then I lodged a missing person‟s complaint and
the investigations revealed that Kamini was murdered and that Neha and Pankaj were the
murderers. I do not know how to react to this sort of a turn of events. I am absolutely gob smacked.

Kamini was a very gentle and kind person who could not bear to see someone in need of help. She
always wished the best for everyone around her. I don‟t know why someone would commit such a
heinous act against such a nice person. What is unbelievable is that Neha and Pankaj could have

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done such a thing. I‟m just so very confused about what is going on. My whole world is falling apart.
I still don‟t believe that Neha and Pankaj murdered my Kamini but the police say that the evidence
against them is strong. The circumstances were such that it strongly points to the fact that Neha and
Pankaj are in fact the murderers.

I don‟t know what more to say. I just want justice to be served. Whoever is responsible for the death
of my wife should be severely punished.

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 EXHIBIT III

CHARGESHEET

(u/s. 173 of CrPC)

District: Pune

Police Station: Kondhwa

FIR No. 172/2005 Date: 04/11/2006

Chargesheet No: 12/2005

Nature of information: FIR registered by Head Constable Shivam Advani.

Whether any offence appears to have been committed and, if so, by whom:

Yes. Murder in pursuance with criminal conspiracy, common intention and destruction of evidence.

Chargesheet Against:

i. Neha Mittal, u/s. 34, 120A, 120B, 201, 300 and 302 of the Indian Penal Code.

ii. Pankaj Mittal, u/s. 34, 120A, 120B, 201, 300 and 302 of the Indian Penal Code.

iii. Aloknath Kale, u/s. 34, 120A, 120B, 201, 300 and 302 of the Indian Penal Code.

Findings of the Investigation:

1. On 11th September, 2005, Mr. Nishant Karia approached the Koregaon Park police station

and registered a missing person‟s complaint stating that his wife, Mrs. Kamini Karia had not

returned home on the night of 9th September, 2005 and no contact could be established with

her inspite of repeated attempts. The police then commenced the investigation into the

complaint.

2. After questioning several people, the police could not determine the whereabouts of Mrs.

Karia but Aloknath Kale was taken in for questioning and he confessed to murdering Mrs.

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 Karia along with Mrs. Neha Mittal and Mr. Pankaj Mittal. Being the Investigating officer, I

recorded this confession and based on the information given to me, I directed further action.

3. We were then led to the exact spot on 10th October, 2005 where Mr. Pankaj and Mr.

Aloknath claimed to have buried the body of Mrs. Karia. We dug up the spot and recovered

the decomposed body. We seized the jewellery on the body and sent the body to Sassoon

Hospital for a post-mortem. Here, the identity of the corpse was confirmed to be that of

Mrs. Karia on 15th October, 2005 when the DNA reports confirmed the same.

4. Based on the confession of Mr. Aloknath and the evidence gathered during the course of the

investigation, we then arrested Mrs. Neha Mittal and Mr. Pankaj Mittal on grounds of

murder.

5. In light of the aforementioned facts and circumstances, the offences as charged herein have

been made out against the accused the three persons.

Particulars of the Accused:

Sr. No. Name of the Accused Status

1. Mrs. Neha Mittal In custody

2. Mr. Pankaj Mittal In custody

3. Mr. Aloknath Kale In custody

Sd/-
Jai Singhania
(Senior Police Inspector)
Investigating Officer

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