Mumbai, September 11: The Bombay High Court has rejected the bail plea of a security guard who had shot dead a colleague at the bungalow of Bollywood actor Shahrukh Khan in suburban Bandra four years ago. Rejecting the bail plea of Yatendra Singh Chauhan, Justice D D Sinha and A R Joshi said on September 9 that the evidence tendered by the eyewitness was corroborated by the testimony of other witnesses.
The Court was hearing an appeal filed by Chauhan challenging a lower court order which sentenced him to life imprisonment in 2009 on charges of murder. Chauhan”s lawyer Niteen Pradhan argued the prosecution had relied on the evidence of eyewitness.
He said there was no evidence to show that the victim and the convict were on inmical terms with each other. He said if the prosecution”s case is to be accepted for the sake of argument, even then the incident had happened on the spur of the moment and was not planned before.
Hence, the offence should fall under 304 part II of IPC (culpable homicide not amounting to murder) and not 302 (murder) IPC. Prosecutor Madhvi Mhatre opposed the bail plea saying it was a cold-blooded murder. Chauhan took out the gun, fired from the weapon and killed his colleague.
——–PTI