Mumbai, Oct 15 (UNI) The Bombay High Court today held that the trial, conducted in the lower court, in the murder of Pune-based orthopaedic surgeon Deepak Mahajan was not fair.
The Division bench, comprising of Justices Bilal Nazki and A A Kombhkoni, who were hearing a state plea for confirming the death penalty awarded to the accused as well as the accused's plea challenging the conviction, also asked the trial court to record the statement of the key eyewitness Rahul Pawar who had not deposed before the court.
The bench said several prosecution witnesses were not cross examined by the accused as the petitioners had not engaged any lawyer during the trial.
The court has adjourned further hearing till tomorrow.
Earlier, the court had said there was no evidence to show that Mahajan's death was a case of homicide and also that it was proved that Mahajan was kidnapped but the cause for his death was not established.
In December 2007, Leena (57) and Deepti Devasthali (27), who were disguised as popular television character Jassi at time of committing the offence, were convicted by the sessions court for killing Mahajan and hacking his body into pieces in July 2006.
According to prosecution's case, Devasthalis had called Mahajan to Shantanu lodge in Pune where they allegedly injected him with sedatives, an overdose of which killed him.
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