Pune Gangland: Life Imprisonment for Six Accused in Sagar Sahani Murder Case

By India Crime Correspondent

PUNE, December 8, 2012

• Sentencing Verdict: Six Accused Receive Life Imprisonment and Heavy Fines
• Court Delivers Sentencing in High-Profile Sagar Sahani Kidnapping and Murder Case
• Verdict and Reactions on the Notorious Kidnapping and Murder Trial

In a significant development, a special court handed down life imprisonment to six out of the eleven accused individuals involved in the high-profile kidnapping and murder case of 22-year-old Sagar Sahani in 2005.

Each of these six convicts also faced fines exceeding Rs 10 lakh. The case revolved around the abduction of Sahani for a ransom of Rs 2 crore.

Expressing his response to the judgment, Satinder Sahani, the victim’s father and a businessman from Pimpri, stated his intention to file an appeal in the Bombay High Court seeking the enhancement of the punishment from life imprisonment to the death penalty.

Accused Turned Approver

In a distinct legal maneuver, the court extended a tender of pardon to Narayan Jameriya (71) from Porbandar, who had turned approver in the case.

Consequently, he was discharged from the proceedings. Meanwhile, five other accused individuals were acquitted due to a lack of substantial evidence to substantiate their involvement.

Charges and Sentences

The convicted individuals, namely Prasad Shetty (31), Arvind Chaudhary (35), Bhiku Thanki (46), Jitendra Modha (38), Chotu Ghisaiwala alias Ravetsingh (30), and Nitin Modha (40), residents of Vadodara, Porbandar, and Agra, faced a range of charges including section 302 for committing the murder of Sagar, section 344 for unlawfully confining him, and section 364 (a) for kidnapping and ransom.

In addition to the life sentences, these six accused were also subjected to seven years of rigorous imprisonment (RI) on multiple counts under sections 3 (2) and 3 (4) of the Maharashtra Control of Organised Crime Act. Each was fined Rs 10 lakh, with the sentences to be served concurrently.

Excess Imprisonment for Non-Payment of Fines

The convicted individuals did not comply with the requirement to pay the fines stipulated in the verdict.

Consequently, they are set to undergo an additional imprisonment period of two years.

In his detailed 241-page judgment, Special Judge S P Tavade justified the imposition of life imprisonment as opposed to the death sentence. He observed that the accused’s actions did not constitute murder executed with extreme brutality or barbarism, nor did they evoke intense community-wide indignation.

The judge noted that the primary motive behind the crime was financial gain, which, in isolation, did not merit the classification of the case as a “rarest of rare” instance.

Adjustments for Time Served

The time spent by the convicted individuals in jail up to this point will be subtracted from their overall sentence duration.

The property seized in connection with the case will be retained for future legal proceedings involving Dubai-based gangster Ali, who is presently incarcerated in a Hyderabad jail.

As per the prosecution’s chargesheet, Nitin Modha maintained continuous communication with Ali and even received financial assistance from him.

The verdict of guilt for the six accused was rendered on December 4.

Subsequently, the pronouncement of the sentencing was deferred to Friday to facilitate the presentation of arguments on the extent of punishment by both the prosecution and defense counsels.

Death Sentence Advocated for Rarest of Rare Cases

Special public prosecutor Vikas Shah strongly advocated for the imposition of the death penalty on the accused individuals, asserting that the nature of their crimes firmly fell within the rarest of rare category.

Shah backed his argument with references to previous judgments from the Supreme Court and the Bombay High Court.

He contended that the accused’s actions exhibited calculated cold-bloodedness and extreme brutality, especially considering the fact that they carried out the crime after extorting ransom from the victim’s parents.

Legal Counsel Offers Alternate Perspective on Severity

In contrast to the prosecution’s stance, defense lawyers Vidhyadhar Koshe and Vipul Dusingh pleaded for a more lenient punishment, asserting that the case did not meet the criteria for being labeled as the rarest of rare.

To support their argument, the defense team pointed to cases involving the death sentences of former national tennis player R Karthikraj, 13-year-old Amit Sonawane, and Dr Deepak Mahajan.

In these instances, the Pune court had initially handed down death sentences, only to have higher courts later reverse these decisions and impose life imprisonment instead.

Timeline of Events

On August 14, 2005, Sagar, a young man who managed his father’s automobile parts shop in Pimpri, concluded his workday around 9 pm and proceeded to a nearby restaurant to purchase a takeaway meal.

As he was preparing to enter his vehicle after leaving the eatery, unidentified men from another car forcibly entered Sagar’s car and abducted him.

Over the subsequent days, they transported him across various locations in Gujarat.

During this period, they contacted Sagar’s father, Satinder, and managed to extract a ransom of Rs 15 lakh via the hawala route in Mumbai on August 23.

Unfortunately, Sagar’s life was taken the following day, and his body was discovered on the Mumbai-Vapi highway on August 26.

Identity of the Accused

The accused individuals facing legal proceedings are Prasad Shetty (31), Arvind Chaudhary (35), Bhiku Thanki (46), Jitendra Modha (38), Chotu Ghisaiwala alias Ravetsingh (30), and Nitin Modha (40).

Sentences and Charges

The six accused faced multiple charges under various sections of the Indian Penal Code:

– All six accused were charged under sections 120 (b) and 364 (a) and sentenced to life imprisonment on two counts: for criminal conspiracy and the kidnapping of Sagar for ransom. Additionally, they were fined Rs 4,000 each.

– The accused faced charges under section 344 for wrongfully confining Sagar for over 10 days. They were sentenced to two years of rigorous imprisonment (RI) along with a fine of Rs 1,000 each.

– Shetty, Ghisaiwala, and Nitin Modha were charged under section 302 for Sagar’s murder. They received a life sentence and a fine of Rs 2,000 each. They were also charged under section 201 for evidence destruction and were sentenced to five years of RI along with a fine of Rs 2,000 each.

– Nitin Modha was sentenced to three years of RI on two counts and fined Rs 4,000 each for robbery and misappropriation of the deceased’s property under sections 392 and 404 of the IPC.

– All six accused were additionally charged under sections 3 (2) and 3 (4) of the Maharashtra Control of Organised Crime Act for organized crime. They received a seven-year RI on two counts and were fined Rs 10 lakh each.

– All sentences will run concurrently.

………………………..