T.Y.L.L.

1) Brijel D’chunha

2) Bless D’chunha

3) Macanroy Miranda

Statements of Facts

1. Mr. Harshad Mehta was a real estate broker who worked for M/s Suraj
Group of construction.

2. Mr. Harshad Mehta identified a plot situated at Wadala where he thought

to build a multi-store Building

3. He approached the sum dwellers of Wadala for a No Objection Certificate,

but he came to know that the sum dwellers had already given NOC to
builder Mr. Yograj Shah.

4. Mr. Harshad Mehta set up a deal between the builder Mr. Yograj Shah,
Property broker Mr. Lakhani Patel & Mr. Malik Kapadia, developer of M/s
Suraj Group Constuction in the presence of Ms. Ameena Parekh, at her
Galaxy Apartment for a Mumbai Slum Redevelopment Project.

5. Ms. Ameena Parekh alias Amma is sister of fugitive don Dilawar Khan and
she is not convicted in any of the cases filed against her.

6. Mr. Harshad Mehta, Mr. Malik Kapadia, Mr. Yograj Shah and Mr Lakhani
Patel got into an agreement to Develop a plot situated at Wadala.

7. Mr. Harshad Mehta and Mr. Malik Kapadia gave deal money of 50 Lakh by
way of DD and 50 Lakh in cash to Mr. Yograj Shah and Mr Lakhani in
presence of Ms. Ammena Parekh as witness.

8. For some reason the project failed to Kickoff and Mr Harshad Mehta and
Mr. Malik Kapadia asked for deal money to be returned.
9. Mr. Yograj Shah and Mr Lakhani Patel returned 70 Lakh by way of DD and
deducted remaining amount as expenses incurred for the deal.

10. Mr. Harshad Mehta and Mr. Malik Kapadia then approached Ms.Ameena
Parekh to help her recover the remaining 30 Lakh which she denied as she
has nothing to do with this deal.

11. In meantime on 01/04/2015 Mr. Harshad Mehta, Mr. Malik Kapadia and his
brother Mr. Dhiren Kapadia were attacked by four assailants. In this Mr.
Dhiren Kapadia was killed and both Mr. Harshad Mehta and Mr. Malik
Kapadia were seriously injured.

12. The Investigating officer arrested Mr. Zuber Khan for the said crime and
filed a charge sheet was filed against Mr. Zuber Khan, Ms. Ameena Parekh,
Mr. Yograj Shah and Mr. Lakhani Patel for murder, attempt to murder,
Extortion and Cheating.

13. The trial court convicted the appellant of all the charges. Aggrieved by the
same the appellant has preferred this appeal.

Whether the conviction under Sec. 302, 307, 386, 387, 389, 420, 506 II r/w sec. 34
of IPC and 120B I.P.C by the session court should be set aside.

Issues

• Whether the ingredients of Sec. 302 are met with to Constitute the offence
under this section by the appellant.

• Whether the ingredients of Sec. 307 are met with to Constitute the offence
under this section by the appellant.

• Whether the ingredients of Sec. 386 are met with to Constitute the offence
under this section by the appellant.
• Whether the ingredients of Sec. 387 are met with to Constitute the offence
under this section by the appellant.

• Whether the ingredients of Sec. 389 are met with to Constitute the offence
under this section by the appellant.

• Whether the ingredients of Sec. 420 are met with to Constitute the offence
under this section by the appellant.

• Whether the ingredients of 506 II r/w sec. 34 of IPC and 120B I.P.C are met
with to Constitute the offence under this section by the appellant.