This story is from July 28, 2015

Jyoti case: Manisha’s discharge opposed

The prosecution vehemently opposed the argument of defence to discharge Manisha Makhija in high-profile Jyoti Dasani murder case being tried here in the court of district and session judge on Monday.
Jyoti case: Manisha’s discharge opposed
KANPUR: The prosecution vehemently opposed the argument of defence to discharge Manisha Makhija in high-profile Jyoti Dasani murder case being tried here in the court of district and session judge on Monday. Advocates D P Singh and Damodar Mishra, special prosecutors on behalf of the state, argued that the defence had raised the issue of one Kamini Sachan to divert the argument.
Kamini Sachan was not involved in this case and she was exonerated by the investigation officer (IO) during the investigation. At this stage name of Kamini Sachan could not be substituted.
The defence battery had earlier argued on the point of charges against Manisha Makhija and had claimed that there was no direct evidence against her which was connecting her in this case except telephone calls. Piyush Dasani had relations with one Kamini Sachan and two used to talk with each other for long period.
Countering it, Mishra stated that there was enough evidence against Manisha and others. Shankar Nagdev, who is complainant of this case and others, had named her. Moreover, accused Awadhesh too had named Manisha in criminal conspiracy in his statement under section 161 CrPC.
Call detail report too corroborates this fact as just before the occurrence of crime, accused Piyush and Manisha Makhija had talked with each other for about 30 minutes. This indicates that Manisha had given implied consent.
The defence did not submit any argument when matter of accused Piyush Dasani, Ashish, Awadhesh, Sonu and Renu was discussed. However, the prosecution urged that charges against accused Piyush Dasani’s parents Om Prakash Dasani and Poonam Dasani and cousins Mukesh and Kamlesh should also be framed under section 201 read with 302 IPC. They had full knowledge about crime but did not help the law. There was evidence against them and that was on record before the court, it was urged.

Presiding judge Arun Kumar Gupta, after hearing the arguments fixed July 30 as next date for order. All accused including Manisha Makhija, Piyush Dasani, Ashish, Awadhesh, Sonu and Renu, Om Prakash, Poonam, Mukesh and Kamlesh were present in the court when presiding judge was hearing the arguments on point of charge.
The court had fixed July 27 for charge, exact after one year of murder of Jyoti, wife of Shyam Dasani.
Jyoti was allegedly murdered by Sonu, Renu, Ashish and Awadhesh in a running car on behest of Piyush Dasani on the night of July 27, 2014. The police had solved the case within a week and had arrested her husband and others in this crime. Since then, except Manisha Makhija, all other accused are in the jail. Manisha had been granted conditional bail by the high court and under those conditions, she had to report at police station once in a week and with out court permission she could not travel abroad.
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