In the Court of Sessions, Mumbai

State of Maharashtra

Vs.

Raj Kumar & Gokul Gulati

S.C. No. 111 of 2017

1. Raj Kumar aka Raj lost his parents in an accident when was 10. He is very bright and studious
and wanted to become a doctor.

2. His uncle (Father’s younger brother) Kailash, who stays in Mumbai, Maharashtra, India was very
much attached to his elder brother and took Raj Kumar under his wings. Kailash has a son, Vivek
who is an average student. He is about the same age as Raj Kumar. Both though grew up together
never got along too well.

3. Kailash often advises his son to emulate Raj and requested Raj to help him out with his studies.
Raj would often encourage Vivek by telling him that it is important to study well to become rich
and powerful and gain others' respect.

4. Though Vivek did not mind it in the beginning, frequent references to Raj often irritated him and
he developed a dislike for Raj. For Vivek, Raj was an arrogant and over-ambitious person who
could go to any lengths to attain success and wealth. Vivek hated certain habits of Raj such as
sitting for hours late at night with his friend fiddling with his computer. They would at times be
simultaneously working on his laptop and the desktop as if they were on a mission.

5. Raj scored good marks in +2 and gained admission to a reputed private medical college TMC in
2013. A senior college professor Mr William took a keen interest in Raj as Raj was a bright and
sincere student. Raj considered him his mentor and guide. He would share all his problems with
him. Raj made friends while in college. His friends are affluent and ambitious. Raj was
influenced by their ideas, goals and lifestyle. He wanted to be like them. He liked the idea of
being rich and powerful. In October 2016, Raj’s friends planned an adventure trip for which Raj
sought his uncle’s permission. Kailash thought of the trip as unwanted and dangerous therefore he
told Raj not to go. Pressurized by his friends, especially Gokul Gulati aka Gokul, Raj caved in.
Raj told Gokul that he did not have the money to make the trip and that it would be best if he did
not go. But Gokul told him that he could borrow the money from him and return it to him in
instalments. Raj was delighted and thanked Gokul for his generosity. His desire to live an opulent
lifestyle like his friends made him borrow money from Gokul at regular intervals and that became
a habit. His debt had now accumulated to more than Rs 1 lakh. One day Gokul required some
money for an emergency so he started pressurizing Raj to return his money. Raj requested him to
wait for some time and that he would return the money owed to him in tranches. To this Gokul
got angry and lashed out at Gokul saying that he wanted the whole amount back within 1 week.
6. Gokul wanted to become a tech guru but was forced to take up medicine due to family pressure.
You could take Gokul out of the tech world but you couldn’t take the tech world out of Gokul.
Such was Gokul’s reputation in TMC. He could hack into the attendance bio-metric system and
manipulate attendance records. Such was Gokul’s skill when it came to technology. In his free
time, Raj would often be found with Gokul eager to know what could be done through
technology. Gokul once told Raj how he could transfer money from his father’s bank account to
his own without the latter knowing.

7. Kailash, Raj’s uncle occasionally takes alcoholic drinks with his friends. Of late due to the
pressure of work in his office, he started drinking at regular intervals and started drinking at home
also. This was detested by his wife Durga and his son Vivek and they openly expressed their
displeasure. There were a few quarrels at home due to his drinking habits.

8. Raj also did not like this habit, but since everybody was against it, he was supportive of Kailash
and attended to his basic needs and provided emotional support much to the chagrin of other
family members. This led to further deepening of the bond between Kailash and Raj. Due to this
Kailash’s family became hostile towards Raj. Durga once even mentioned out loud that Raj was
close to Kailash only because of his money and the benefits which he received from him. Kailash
laughed at Durga’s comment while Raj put his head down and left the room seething.

9. Kailash was a self-made man, very intelligent and hard-working. He has amassed considerable
wealth during his stint abroad and has a sound financial background.

10. Due to irregular food habits and drinking, Kailash drifted into obesity which led to high BP and
an increase in cholesterol. Doctors advised him to be careful with his food habits and also his
consumption of alcohol. They warned that overeating, irregular food habits, and tension coupled
with alcohol may lead to deterioration of health and could be life-threatening in the long run. He
also tested positive for blood sugar (diabetes).

11. Raj also exhorted Kailash to give up drinking. He echoed the doctor’s words.

12. Kailash was worried about so many things. The pressure at the office, at home with his wife and
son Vivek in respect of his closeness to Raj etc. He was very depressed and thought that Raj will
be left helpless if something happened to him. He remembered the help extended by his elder
brother for his studies abroad. He also remembered the promise he made to him at the time of his
death at the hospital to take care of Raj.

13. Kailash during his employment had taken a few insurance policies to take care of his income tax
commitments. At that time Sun Insurance Co. had come up with a new policy that offered 1 crore
benefit on death for an annual premium of 1 lakh and 2 crores for 2 lakhs. Kailash was quite well
off at that time and was in good health. He had taken the 2-crore policy and nominated Raj as the
benefactor in case of his death. Neither his family members nor Raj was aware of this fact.

14. On May 21st, 2017 Kailash fell very ill and was in a depressive mood for a long time. Raj sat by
his side and consoled him. Raj was also very sad and depressed seeing Kailash’s condition. At
that time Kailash told Raj that he may not live longer and Raj need not worry as he has
 provided for him if anything happened to him. He informed Raj about the policy and where to find
it. Raj replied that he should not talk like this and that nothing would happen to him.

15. Kailash replied that he knows that his family members would not take care of him properly in the
event of his death. He also put some money in Raj’s account for his day-to-day expenses and told
him to ask him if needed more. He also gave him permission to transfer small amounts to his
account in case of emergency but keep him informed positively. Raj joked and told Kailash that if
he continued to be so generous to him, one day he will run out of money to which Kailash
replied that he had made enough for the next two generations to come.

16. Raj who was pressurized by Gokul to return the money found it hard to ask his uncle for money.
One-night Gokul came for a sleepover at Raj’s place. Gokul connected a small USB look-a-like
into Kailash’s computer which enabled them to decrypt his uncle’s online banking password and
transferred money to his account. This happened on a few occasions. Gokul came to know about
the insurance policies that were in Raj’s name. Gokul always reminded how rich Raj could be if
his uncle had to go on a ‘long journey’. Listening to this both Gokul and Raj would have a good
laugh.

17. On June 4th, 2017 Kailash’s condition worsened. His BP shot up and the tests showed high
cholesterol; he had diabetes on top of that he was obese. His doctor Mr Sameer changed his
medication. He prescribed some strong medicines and strictly told him not to consume liquor.
Normally, Raj would attend to him. When he is off to college, Mrs Durga would attend to him.
Later Kailash’s condition improved and he started to go to the office to attend to some important
work.

18. Due to Kailash’s ill health, Durga was taking care of the financial matters of the house. She
stopped paying the semester fee for Raj which was due. Raj’s name was displayed on the notice
board of his college as a defaulter and notice was given to him to pay the fees with a fine before
July 1, 2017. When Kailash returned from the office, Raj was in a bad mood and asked Kailash
why his college fee was not paid. Kailash was also in a bad mood due to the argument he had
with his boss. He had also quarrelled with his wife and Vivek earlier that day. So when Raj
questioned him about the fees, he was angry and shouted at Raj that he was an insensitive brat.
All he cared was about his college fees and that he was very selfish and had no feeling for
Kailash. Raj felt very bad and hurt. Durga also joined Kailash and abused Raj. All these years he
was taken care of by Kailash and now that he is grown up, he should take care of himself and stop
being selfish. Raj was angry and shouted at Durga. Kailash immediately intervened and chided
Raj saying that he dares not speak to his wife in that manner. Raj felt let down. Hurt & angry he
left the place immediately.

19. The next day i.e., July 2nd, 2017 Raj sat with Kailash before he left for college. Kailash was
feeling better but did not speak anything. He held Raj’s hand affectionately and there were tears
in his eyes. He gestured to Raj to get the bag that contained his laptop and whispered to him to
transfer some money to Raj’s account to pay his college fees. Then he dozed off due to the effect
of medicine and sedatives administered by the doctor. The doctor prescribed Amlodipine for high
BP, Metformin for diabetes, Acamprosate for reducing intake of alcohol and Orlistat for
 obesity. Kailash would always take the medications himself. He hated it when somebody either
tried to remind him or search his cabinet for the medications.

20. Raj opened the laptop as he has done many times on earlier occasions. He tried to open Kailash’s
bank account to transfer money. But he could not as the password was not appropriate. He opened
a folder where he found a file containing his account and password details. He opened (Indian
Bank) the bank account of Kailash and transferred Rs. 2.50 lakhs to his account towards college
fees and his pocket expenses. Normally Kailash used to transfer 2.25 lakhs to his account every
semester. After this Raj left for college.

21. The next day i.e., July 3rd, 2017 Raj sat with Kailash before leaving for college. Kailash was
feeling fine and was telling Raj that he should go to the office that day if possible. Raj was
advising him to take some rest. Kailash was enquiring about his studies. Suddenly Kailash started
coughing heavily. He complained of chest pain and was gesturing that he has pain in the stomach
too. Raj was looking for painkillers for chest pain. He has studied the effect of medicines in his
medical college. He could not find them immediately. Dr Sameer was not in town and was not
picking up his phone. So, Raj took a pen and wrote the name of a medicine Angispan’ in liquid
form to be administered by a syringe. He yelled at Vivek to get the medicine immediately. Vivek
immediately rushed to the nearest pharmacy i.e., Mithun Pharmacy and got the medicines. Raj
took the syringe and administered the painkiller via intravenous as Kailash was not in a position
to swallow the tablet. He has seen this procedure and practised it during his training at the Altis
hospital attached to his medical college TMC while treating alcoholics.

22. Kailash was quiet for about half an hour. Suddenly he developed fits & seizures and was moaning
heavily and collapsed. Raj and Vivek tried to revive him but failed. Vivek informed Durga about
the developments and she reached home within half an hour.

23. While arranging the belongings of Kailash before the rituals Vivek and Durga found a few
insurance policies and the bank passbooks. When they found that there was an insurance policy
for 2 crores that was nominated to Raj, they were furious and became suspicious about the death
of Kailash. Their suspicion fell on Raj and his actions in the last two days before Kailash’s death.
They also came to know of the transfer of 2.50 lakhs from his account to Raj’s account. Durga
immediately telephoned the police station and informed the police about their suspicion
concerning the circumstances leading to the death of Kailash.

24. The police reached the spot within half an hour. They examined the premises and took into
possession of the documents & items mentioned in Annexure – II. After the preliminary
investigation, the police sent the body for post-mortem. On conducting post-mortem, the doctors
realized that it was a very sudden and unnatural death and they might need to send some internal
organs for a forensic test. After following the formal procedures, the internal organs were sent to
the Forensic Lab. After the post-mortem, the hospital released the body of Kailash. He was
brought home and then cremated. The laptops, desktops and the USB which were taken into
possession by the police were also sent to the forensic lab for a detailed forensic examination.

25. The next day i.e., July 4th, 2017, Dr Sameer returned from his trip and immediately came to
Kailash’s home. Raj, Vivek and Durga explained what happened. When he knew that the
 paper on which Raj wrote the medicine was his prescription he was furious. Raj on discovering
that the piece of paper used by him to write the medicine was Dr Sameer’s prescription called
him and told him this. He shouted at Raj in front of everybody. He chided him asking whether he
knew the effect of combining incompatible medicines. Though the medicines as such were
harmless, the combination could be fatal if proper care and timing were not followed. Raj was
devastated and pleaded innocence. He said he was not aware of the sedatives taken earlier and all
he meant was to save him from pain as the medicines he administered were common and
generally used in these situations. After all, Kailash was his father too.

26. Raj and Gokul were later arrested for the murder of Kailash. They were thereafter remanded to
judicial custody.

27. Upon completion of the investigation, the police forwarded the Final Report (Charge sheet) to the
Magistrate’s Court. The Court took cognizance of the report and thereafter committed the case to
the Court of Sessions in Mumbai, Maharashtra. After complying with the statutory requirements,
the Court of Sessions framed charges against the accused:

a. Raj Kumar – India Penal Code: Sections 302, 465 r/w 34, 120B and Information Technology
Act 2005: Sections 66 & 66C

b. Gokul Gulati – India Penal Code: Sections 302, 465 r/w 34, 120B & 109 and
Information Technology Act 2005: Sections 66 & 66C
LIST OF WITNESSES:

1. Vivek (PW1)
2. Durga (PW2)
3. Dr Kishore – Doctor who conducted the Post Mortem (PW3)
4. Dr Bhatia – Coroner (Pathologist) (PW5)
5. Abhay – Investigation officer (PW6)
6. Raj Kumar (The accused) (DW1)
7. Gokul Gulati (Raj Kumar’s Friend)-co-accused (DW2)
8. Professor William (DW3)
9. Dr Sameer (DW4)
10. Pawan – The Pharmacy attendant (DW5)
11. Hardeep Singh - Computer expert (PW/DW)

LIST OF EXHIBITS:

1. Dr Sameer’s prescription for Kailash;

2. Anti-depressants – Prozac – 2;
3. Used Syringe – 4;
4. Oxycontin – 7;
5. Kailash and Raj’s laptop – 2;
6. Small USB look-a-like hardware device;
7. Desktop - 1.
8. Hard drive - 1

LIST OF DOCUMENTS:

1. Annexure I - F.I.R
2. Annexure II - Panchnama/Mahazar
3. Annexure III - Post Mortem Report
4. Annexure IV - Forensic Report
5. Annexure V - Statement of Witnesses
6. Annexure VI - Investigation Report
7. Annexure VII - Expert Witness Statement
 ANNEXURE - I
FIRST INFORMATION REPORT
1. District: Mumbai, Maharashtra PS: Mumbai PS Year: 2017 FIR No: 113/2017 Date: 3 July 2017
2. Act:
(i) Raj Kumar: India Penal Code, 1860: Sections 302 & 465 r/w 34 and Information
Technology Act, 2000: Sections 66 & 66 C; and
(ii) Gokul Gulati: India Penal Code, 1860: Sections 302 r/w 34 & 109 and Information
Technology Act, 2000: Sections 66 & 66C.
3. Occurrence of Offence: 3 July 2017, Time from: 8.30 a.m. Time to: 10.00 a.m.
4. The information recorded by: Inspector Vikram
5. Type of Information: Written / Oral: Oral complaint
6. Place of Occurrence: Direction/Distance from PS: Residence of Mr Kailash, # 14 Lakeview
Apartments, Tej Bahadur Rd., Mumbai, Maharashtra, India – about 2 Km west from Police
Station. Beat No: 41B
7. Complainant/Informant, Name: (self) Ms Durga, Date of Birth: 24.10.1961 Nationality: Indian
Passport No: IB5535342, Date of Issue: 13.08.2009
8. The basis on which FIR is lodged: 1. Oral complaint by Ms Durga
9. Details of Known/Unknown/Suspected accused with full particulars: Suspected persons – Mr Raj
Kumar, Age 27, S/o Mr Jitendra Kumar and Gokul Gulati, Age: 26 S/o Gaurav Gulati
10. Reasons for delay in reporting by the complainant/informant: NA
11. Particulars of Injuries sustained: NA
12. Particulars of Post Mortem Report: NA
13. Post Mortem report done by: NA
14. Inquest report/ Unnatural death Case No. if any ................ NA
15. Brief Facts of the case: The complainant has stated that her husband i.e., Kailash was wrongly
administered, a drug intravenously which led to his death. The persons accused in this case are
Raj, a fourth-year medical student, who was Kailash’s nephew, who administered the drug and
Gokul who was Raj’s friend. Both of them conspired together to murder Kailash for his money.
16. The action was taken (Since the above information reveals the commission of the offence (s) u/s
mentioned in item No.2: Abhay, Rank: S.I. has taken up the Investigation.
17. F.I.R. read over to the complainant and admitted to being correctly recorded and a copy was
given to the complainant free of cost.
Sd/- Sd/-
Signature/ Thumb impression of Signature of Officer:
the Complainant/Informant Name: Vinod Rank: ASI.
 ANNEXURE - II
PANCHNAMA/MAHAZAR

On July 3, 2017, at 11.00 am the investigating officer visited the house of Mr Kailash. After observing
the place and taking statements, he prepared a sketch. The following items were taken into possession in
front of witnesses:

1. Dr Sameer’s prescription for Kailash;

2. Anti-depressants – Prozac – 2;
3. Used Syringe – 4;
4. Oxycontin – 7;
5. Kailash and Raj’s laptop – 2;
6. Small USB look-a-like hardware device;
7. Desktop - 1.
8. Hard drive - 1

Mr Lavine Hirani and Ms Anuja Jhunjhunwala, neighbours of Mr Kailash resident of Mumbai,

Maharashtra, India, present on the scene consented as eyewitnesses and have attested the Panchnama.

Sd/-
Abhay
Investigating Officer

Witnesses:

Sd/- Sd/-

Lavine Hirani, #13, Anuja Jhunjhunwala, #15,

Lakeview Apartments, Lakeview Apartments,

Guru Tek Bahadur Road, Guru Tek Bahadur Road,
Mumbai, Maharashtra, India. Mumbai, Maharashtra, India.
 ANNEXURE - III
POST MORTEM REPORT
ALTIS MEDICAL HOSPITAL
PM No. 3 Date: 03.07.2017

NAME OF DECEDENT: Kailash

SEX: Male
AGE: 55
HEIGHT: 5 feet 11 inches, 180 cms
WEIGHT: 140 kgs
HABITS: Occasional Alcohol Consumption
HOME ADDRESS: # 14 Lakeview Apartments, Tej Bahadur Rd., Mumbai, Maharashtra, India
DATE AND TIME OF DEATH: About 5 hours before the Examination
IDENTIFICATION MARKS: Black Mole on the Right Cheek
BY: SI Abhay
REQUISITION RECEIVED ON: 3 July 2017 at10.30 hours
CLOTHES: White Kurta, white pyjama, white vest, black boxers, Hawaii chappal.
PATHOLOGICAL DIAGNOSIS
The adult male suffered cardiac arrhythmia which led to cardiac arrest which could be due to drug
cross-reaction.
The following viscera were preserved and sealed for chemical analysis:
a. Stomach and its contents;
b. The upper part of the small intestine (about 30 cm in length and its contents)
c. Liver not less than half a kilogram;
d. One kidney or half of each;
e. 100ml blood; and
f. Heart.
EXTERNAL EXAMINATION
The body is that of an adult male measuring 180 cm and weighing 140 kilograms The body is obese and
inconsistent with the age of 55 years. The scalp is round. The nose is long. The mouth and lips are red.
The tongue is white and long. The total no. of teeth present is 29 and is white. The ears are bilateral
prominent. White Kurta, white pyjama, white vest, black boxers, Hawaii chappal. Full rigor mortis. The
scalp hair is white and short. Facial hair is prominent. Suggestive that the deceased has not shaved for 2-3
weeks. The corneas are cloudy. The irises are grey. The mouth contains natural teeth. The ears, nose and
mouth show no abnormalities. The neck is of normal configuration and there are no palpable masses. The
extremities are symmetrical and normally developed. Identifying marks include a birthmark on the bottom
centre part of the back and a mole on the right cheek. There is evidence of emergency medical
intervention in the form of cardiovascular pulmonary resuscitation.

EVIDENCE OF INJURY
At the time of the post-mortem, there is no physical injury.
INTERNAL EXAMINATION
The organs occupy normal positions, and all the internal organs are in a state of autolysis. There are no
adhesions or mass lesions.
Head and Neck: Brain weighs 1350 grams and there are no injuries
Cardiovascular System: The heart weighs 450 grams and is arrhythmic.
Respiratory System: The Right lung weighs 510 grams and the left weighs 490 grams
Digestive System and Liver: The stomach contains fresh food particles, which include fruit and rice. The
liver weighs 1600 grams, the gallbladder contains 9cc of bile. The pancreas is otherwise unremarkable.
Genitourinary System; The right and left kidney weighs 150 and 170 grams respectively. The calyces,
pelvis and ureters are patent and unremarkable. The urinary bladder contains approximately 786 cc of
urine.

• The intestines are unremarkable and carry partially digested matter.

• The spinal cord is intact.

• There are no signs of decomposition.

• The viscera have been preserved.

Postmortem Concluded at:
3 July 2017 at 16.00 hours
Opinion:
Death due to cardiac arrest which was triggered by drug overdose/ cross-reaction.
Body organs removed were sent for detailed examination.
Sd/-
Dr Kishore
Medical Officer
 ANNEXURE - IV
FORENSIC REPORT
Examinations requested:
1. Stomach and its contents;
2. The upper part of the small intestine (about 30 cm in length and its contents)
3. Liver not less than half a kilogram;
4. One kidney or half of each;
5. 100ml blood; and
6. Heart.
Examination of the heart:
The heart is weak and arrhythmic. Froth formation is found in the artery.
Examination of the Liver:
The anatomy of the liver seems altered. Cirrhosis was detected in the liver. The liver is damaged.
Examination of the Blood:
A high level of alcohol has been detected along with a high level of toxins. Potassium level 2.5
mmol/l (millimoles per litre).
(i) The deceased was on prescription drugs.
(ii) In the present case, the drug was administered through the intravenous delivery system.
(iii) The heart is frothy which shows that there was air embolism.
(iv) Traces of glyceryl trinitrate have been found in the blood of the deceased. Atherosclerosis has
been found. Arteries are damaged. The walls of the arteries are hard and narrow.
(v) Intravenous are of two types push and infusion. The former is administered into the vein by a
syringe and the latter is also administered into the vein by way of a catheter and a drip bag. Air
embolism occurs when there is air in the syringe or the bag attached to the drip. Air bubbles can
travel to the heart or the lungs or the brain. This can cause a heart attack, stroke and respiratory
failure. Air embolism can also cause low blood pressure. Air embolisms are very rare in cases
where intravenous was given by a medical professional.
Conclusion:
Death due to air embolism in the artery thereby causing blockage to oxygen-rich blood reaching the heart
causing damage to the heart. Damage to the heart led to arrhythmia which further led to cardiac arrest.

Dr Bhatia
Pathologist
6 July 2017
 ANNEXURE - V

STATEMENT OF WITNESSES
(Statements under Section 161 of the Code of Criminal Procedure Code, 1973)
1. Raj Kumar - Accused

My name is Raj Kumar. When I was 10 years old my parents passed away in a car accident. Since then, I have
been staying with my uncle i.e., Kailash. He, his wife Durga aunty and Vivek have been the only family I
know. They have loved me and treated me like their own. I am forever grateful to them. By their blessings, I
scored good marks in +2 and could get admission to one of the best medical schools in India. Even though the
fees for medical schools are astronomically high, my uncle always encouraged me to pursue my dream of
becoming a doctor. He paid the fees for my medical school and also took care of my daily expenses. I thought
I could take up a part-time job to fund my daily expenses. But due to the busy schedule of medical school, I
was unable to do so and at times I felt really bad that my uncle had to bear the burden of my studies and that I
was a burden on them. There was immense pressure on me to perform well in my studies. I wanted to do well,
get placed in the best hospital and return the favour to my uncle and his family. At medical school, most of the
students were either second or third-generation doctors from very affluent parts of society. It was very hard to
cope with their standards as they had no dearth of money. I was intimidated by them but I knew that the only
way to achieve what they have was to study hard and do well in my studies.

Life at home was very simple just like any other home. I was very fond of Vivek. He was like a younger
brother to me. I felt very duty bound to make sure he learnt the best in life and that he understood the
importance of having parents. But as I entered high school, I could not spend much time with Vivek as I had
extra classes at school and pre-medical coaching after school hours. Uncle and aunty were both very loving
and calm people and would seldom get angry. But when I was in +2 things started to change. Uncle started
coming late from work. Most of the time he skipped dinner and breakfast. It was unlike him to be like this.
This change brought a lot of frustration to the family. Aunty started getting irritated and there would often be
fights in the house. Of late uncle started drinking at home though he used to drink outside but never at home.
Things started to turn from bad to worse. My Uncle usually transferred money into my account for my college
fees and also my daily expenses. But due to his drinking habits, he would forget because of this I had to suffer
a lot. I had to often borrow money from my friends. I took this issue up with my uncle. He told me that I could
ask him for money and if there need be I could transfer money from his account. It is only with his consent that
I transferred a prescribed amount of money into my account.

On May 21, 2017, Uncle suddenly became ill and he had to go to Dr Sameer who was our family physician.
He subjected uncle to a few tests. The results of the tests were shocking. Uncle was suffering from diabetes,
high blood pressure, and high cholesterol. Moreover, he had become obese. He was put on a strict diet which
he never followed. Dr Sameer had given strict instructions to check whether the uncle was taking his
medicines at the proper time. Further, he was asked to stop the intake of alcohol. Aunty became very upset after
Dr Sameer’s diagnosis of uncle. Both she and Vivek started to detest him. I felt very bad and comforted him.
We used to go for walks. He shared with me that there was a lot of pressure on him at work and now even at
home he could find no solace. Life had become very hard for him. Even his family was not supportive of him.
He told me clearly that if something happened to him, his family would abandon him. I told him that if he took
care of himself everything would be ok. He then told me about the insurance policy for 2 crores he had taken
nominating my name as the benefactor. As he told me all these things deep inside, I was worried. On June 4,
2017, his health began to deteriorate and he fell ill also his reports were not good. He had high BP and
cholesterol levels were touching the ceiling. Dr Sameer prescribed heavy dosage of medicines. Uncle
recovered well and started going to work. Everything became normal and it seemed as though life was back on
track. But I discovered that my semester fees were not paid. You do not know how it feels to be ridiculed in
front of your classmates when such things happen. I went home and asked my uncle why the fees were not
paid. He lashed out at me saying that I was insensitive and spoilt and that I needed to learn some manners. He
was saying things as if someone had put them in his mouth. Even aunty lashed out at me for no reason. I tried
to defend myself but my uncle intervened and sided with aunty. The next day, my uncle was remorseful and
told me that aunty was handling the accounts and she might have inadvertently missed out on remitting the
semester fees. I apologized to him for my behaviour. He told me to bring his laptop and transfer money for
fees and daily expenses. As he was saying that he dozed off. The next day uncle was feeling fine and wanted to
go to the office but I told him that he needed to rest. Suddenly while talking he started complaining about chest
and stomach pain and collapsed. I called for Vivek who was sitting in the other room. We looked for the
medication for chest pain but could not find it. So, I wrote an Angispan on a piece of paper and directed Vivek
to purchase it from Mithun Pharmacy. It is only later on that I realized that the piece of paper where I wrote the
medicine was Dr Sameer’s prescription. Vivek rushed out and returned with the medicine. Uncle was in
serious condition. I took a syringe and administered Angispan into his veins. He revived after a few minutes
but suddenly collapsed. We called up the hospital and drove him there. We took him through the emergency
gate. The on-call doctor said that there was no pulse and that CPR would have to be done. CPR was done but it
was too late, uncle had given up. It was such a shock to all of us. I did not kill my uncle nor did Gokul conspire
along with me to kill him. He was all I had. Why would I do such a thing? I am innocent and so is Gokul.

2. Gokul Gulati (Co-accused)

I am a fourth-year student of medicine at TMC. I hate doing medicine because I want to become a tech guru. I
am a Napster fan. I love the way technology has moulded our lives. I cannot imagine life without technology. I
am Raj’s classmate and friend. I know Raj since his first year of college. Raj is a good friend who excelled in
his studies. He has a bright future ahead of him. Raj and I used to hang out a lot. We always had lunch
together. During exams, I would come over to his place for studies. The thing that made us friends is
surprisingly not that we are in the same profession or we are classmates but our common interest in technology
and how we are an integral part of it. We liked to experiment a lot with our computers whenever we could find
time from our busy schedules. The death of his uncle did not surprise me because he was reckless and never
took care of himself. Raj couldn’t do such a thing because he thought highly of his uncle and always had the
utmost respect for him. He would never even back talk or rebel against his uncle. For him, his uncle was
everything. He always wished for the well-being of his uncle and desired to work hard and return the favour
one day.

3. Professor William

I am a Professor at TMC for the past 30 years. I have seen many students come and go. But I have never seen
anyone like Raj. He is bright and hardworking. He is responsible both at college as well at home. I say this
because I know that his parents died when he was a child. He has been raised by his uncle. Of late he was
stressed out. It had to be something at home because his grades were the highest in class. He told me that his
uncle was not keeping well and that he was very worried. I told him that he is a bright student of medicine and
should take care of his uncle to the best of his capability. So, we used to talk a lot about his uncle and how best
Raj could take care of him. He was concerned about his uncle as he was like a father to him. He also told me
that his uncle was reckless and did not care about his health. He would drink at times. Get angry for no reason.
Moreover, he had to face a lot of hostility from his aunt Durga and brother Vivek. It has been hard on him after
his uncle’s death on top of that he is being blamed for murdering him. He tried to save his life. There is always
a 50/ 50 chance when you’re dealing with life and death situations. Let me ask you something, does every
person who takes medicines live? No! Our body is complex. We as doctors can only try to save lives, the rest
is destiny! How many innocent people go to the gallows, does that mean the investigating officer or other
officers of the police department should be punished?

4. Vivek

I am Mr Kailash’s only son. I was 8 years old when Raj’s dad i.e., my uncle passed away. To be honest I never
liked Raj because I thought he was like a parasite living in our house. I was the apple of my father’s eye until
Raj came to our home to stay. What Raj did become a yardstick to which I was supposed to measure up. I did
not have any breathing space. Moreover, Raj was good in his studies. He would always top his class. My father
wanted me to be like him. I too wanted to be like him but my father’s obsession with him made me change my
mind. My father saw Raj as responsible and hardworking whereas for me Raj was irritating, over-ambitious
and arrogant. He could never behave like a child even when we were children. Since he joined TMC, he was
oozing with confidence as if that was all a man could wish for. He made new friends who influenced him into
believing that being rich and powerful was the only way to gain respect in life. He became possessed by this
feeling. There was no heart left in him. All his decisions would have to have logic and reason. Never would he
once feel from his heart. He did not care about birthdays or get-togethers. Of late he would come home with
Gokul his friend and fiddle with the Desktop and at times would connect his laptop to it and sit there for hours
together doing something. This was not something persons practising medicine would be doing. I have never
seen my father drinking or smoking but one fine day when I returned home, I found him drinking. I
immediately informed my mother about this. My parents had a bitter spat that day. When I tried to intervene,
he told me to mind my business as he could do whatever he wanted. Both I and my mother showed our disdain
over our father’s newfound habit. But Raj always sided with my father and encouraged him and comforted
him. This continued for a couple of years. On the day of my father’s death too Raj was sitting with my father
in the living room. I was in the other room watching TV. Suddenly a heard Raj shouting at me and beckoning
me to come to the living room. I saw that my father had his hands on his chest as he crashed to the floor. I did
not know what to do. Raj and I started looking for the medicines but couldn’t find them. So, we tried calling Dr
Sameer but couldn’t reach him as his phone was not reachable. Dr Sameer had gone out of the station. Be that
as it may, Raj wrote something and asked me to run and get the medicine from Mithun Pharmacy because that
was the nearest pharmacy to our house. I ran to the pharmacy and returned with the medicines as per Raj’s
directions. Raj administered the medicines via intravenous. Soon my father regained consciousness and we
helped him back to his feet and asked him to sit down. He sat down and drank a liquid which was placed in a
flask on the side of the table. We were relieved to see him relaxed and leaning back on the couch. I returned to
my room to switch off the TV and as I came back into the living room father started collapsing again. We tried
to revive him but failed. I telephoned my mother Durga about the incident and she reached home within 30
minutes. While arranging the belongings of my father for the rituals to be performed, my mother and I found a
few insurance policies and bank passbooks. We found a policy worth Rs. 2 crores nominated to Raj and
thought something was fishy. We also found that Rs. 2.50 lakhs were transferred from my father’s account to
Raj’s account. We became suspicious and called the police.

5. Durga

I am Durga, Kailash’s wife. I am an interior decorator and have set up my online store for interior decorations.
We were happily married for 27 years. Eighteen years back my brother-in-law i.e., Kailash’s brother expired
and we took his son Raj to stay with us under our roof. As Vivek was our only son, we thought it good for him
to have company and what better company than having his cousin stay with us as our son. So now we had two
sons. We were a happy family. Raj was a responsible and hardworking child. Even from a young age, he acted
very maturely. He was a true example for Vivek to follow, an elder brother for him. But once he joined TMC
he changed a lot. He would be busy with his friends in college and busy with his computer at home. He was
greatly influenced by his friends by their philosophies and ideas regarding life. He became over-ambitious. He
wanted to be wealthy. Many times, he expressed his desire to be his own master. He started staying aloof and
was like a man possessed. At the time when my husband died, I was not at home. They called me and I reached
home within half an hour. While arranging the belongings of my husband, for the rituals to be performed,
Vivek and I found a few insurance policies and bank passbooks. We found a policy worth Rs. 2 crores
nominated to Raj. This was shocking to me. Why should Kailash keep it secret from me? We also found that
Rs. 2.50 lakhs were transferred from Kailash’s account to Raj’s account. We became suspicious and called the
police.

6. Dr Sameer

I am a medical doctor and have been in practice for the past 35 years. I am a general physician. Mr Kailash has
been my patient for the past 20 years. I and Kailash were like brothers and we shared our struggles. I have
treated him as well as his family members for every small ailment. On May 1, 2017, Kailash came to me
complaining of stress, tension and depression. He also told me that he had started consuming alcohol regularly
although Kailash did consume alcohol for the past 10 years. I diagnosed him and asked him to go for (i)
sonography to check his liver and (ii) a blood test to check for his sugar levels and other tests for cholesterol
and blood pressure. I checked his blood pressure (BP) which was higher than normal. I prescribed Amlodipine
for high BP, Metformin for diabetes, Acamprosate for drinking problems and orlistat for obesity and also a
dose of Propofol to put him to sleep. At the time of Kailash’s death, I had gone out of the station for a week for
a medical practitioner's conference. While I was there attending the conference, I received a call at 4.30 pm
saying that Kailash suddenly collapsed and passed away. I immediately rushed back home leaving the
conference midway. It came to my knowledge that Raj had prescribed some medicines which were given to
him while he was collapsing and that after injecting those medicines Kailash revived for a while and thereafter
collapsed and died. I was furious at Raj as to how he could do that without consulting me and that too on my
prescription. He did not know what drugs were prescribed to him and questioned on what basis he
administered the drug to Kailash. Raj said that he could not see a father dying again and did all that he could to
revive him. Though what Raj prescribed was the correct medicine and that is what I or any other medical
doctor in the world would give in an emergency but without knowing the background or medical history of the
patient is to call for trouble as did happen in this case. I have heard from Kailash only good things about Raj
and his parents especially his father and how his father had helped Kailash to stand on his feet and established
his business. Kailash would always praise the way Raj lived his life. He would always tell me how he wished
Vivek could emulate Raj. Personally, for me, Raj was a very disciplined child and had learnt to be responsible
at a very young age. He had taken the difficulties and losses in his life as stepping stones to work hard.

7. Pawan –Attendant, Mithun Pharmacy

I am a certified Pharmacist for the past 10 years. I attend a very busy pharmacy shop. We have around 100 to
200 customers each day. It is impossible to make out who bought what. The drug Angispan is a very common
drug for heart patients. it does not even require a prescription. But my shop has a CCTV camera which can be
accessed to know who came for what because the camera is right above the billing counter. That’s all I can tell
you. You are free to come and check the CCTV footage. Now leave me alone and let me sell some drugs lol!
 ANNEXURE - VI
REPORT OF INVESTIGATION OFFICER U/S 173 OF THE CRPC

In the Court of the Chief Judicial Magistrate, Mumbai, Maharashtra, India

1. District: Mumbai PS: Division 3, Year: 2017 FIR No. 113 Date: 03.07.2017
2. Charge sheet No. 17/2017
3. Date: 14.08.2017
4. Acts Section(s)
(i) India Penal Code, 1860 Sections 302, 120B, 465 r/w 34, 109
(ii) Information Technology Act, 2000 Sections 66 & 66C
5. Type of Chargesheet:
(i) Chargesheet against:
(a) Raj Kumar, s/o Jitendra Kumar.
(b) Gokul Gulati s/o Gaurav Gulati
6. The offence as mentioned did occur as per the contents of the FIR.
7. Original Chargesheet, supplementary to follow against the rest of the accused.
8. I.O.: Abhay Rank: SI
9. Complainant: Ms Durga w/o Mr Kailash
10. Date of properties/Articles/Documents Recovered/seized during the investigation and relied upon:
Recovered vide Panchnama dated 03.07.2017
(i) Dr Sameer’s prescription for Kailash;
(ii) Anti-depressants – Prozac – 2;
(iii) Used Syringe – 4;
(iv) Oxycontin – 7;
(v) Kailash and Raj’s laptop – 2;
(vi) Small USB look-a-like hardware device;
(vii) Hard disk from the Desktop.
11. Particulars of accused persons charge-sheeted

S. No. Name of the Accused Status of the Accused

1. Raj Kumar In Custody
2. Gokul Gulati In Custody

12. FIR is not false.

13. The result of the forensic report is attached.
14. Brief Facts of the Case:
(i) On July 3, 2017, the deceased Mr Kailash experienced sudden abdominal and chest
pain. He was administered by Mr Raj his brother’s son who is a medical student. As the
drug was administered to the deceased, the deceased recovered but in a matter of a few
minutes, he collapsed. On questioning Vivek at his residence, he said that when his
father was collapsing, he tried to reach Dr Sameer but could not reach him. He states
that Raj wrote a medication on a piece of paper which happened to Dr Sameer’s
prescription and asked him to get it from the nearest pharmacy i.e., Mithun Pharmacy.
Thereafter, Raj administered the drug to his father intravenously. Immediately after
administering the drug, his father revived and he was lifted from the ground and seated
on a couch in the living room. But within a matter of a few minutes, his father collapsed
again.

(ii) Mrs Durga, the wife of the deceased informed me that she was not at the house when
the incident occurred. She was informed by her son Vivek and she reached within half
an hour. She told that while arranging, the belongings of Kailash, for the rituals to be
performed, she found the insurance policies and the bank passbooks. One policy of Rs.
2 crores nominated to Kailash and a transfer of 2.50 lakhs from his account to Raj’s
made her suspicious and she called the police. I asked her about the prescription given
by Dr Sameer. She was aware of Kailash’s sickness. Therefore, it was no secret that
Kailash suffered from multiple ailments. She rushed to a cabinet nearby and gave me
the prescription. She told me that Kailash would always take his medicines on his own.
He never liked the interference of anyone except Raj in this matter. I asked her to show
me Kailash’s bedroom. As we walked into the room, Durga broke down. So, I asked
her to stay in the living room while I checked a few personal belongings of Kailash to
which she willingly consented. The room had a French window with an attached
balcony, an attached bath, a king-sized bed, two side tables, two lamps, and a couch at
the far end of the room next to the French windows. I went into the bath. I checked the
mirrored closet just above the wash basin and found some medication stored there. I
found a bottle of Prozac which is an anti-depressant used to overcome depression. I also
found a small fridge (7.5 litres). I saw alcohol bottles, all but one was half empty. I
checked the waste bin just next to the couch. I saw a receipt for two bottles of imported
alcohol purchased in June 2017.

(iii) On questioning Raj, I noticed that his countenance was sad. He said that he did not kill
his uncle. He did all that he could to save his life. The drug that he administered was a
very common drug used widely for relieving a person of chest pain. I questioned him
on the mode of administering the drug as to why intravenous and why not any other
mode like oral or placing it under the tongue. He did not answer my question and once
again told me that he had not killed his uncle. I questioned him about his college and
fees. He stated that his uncle paid for his college fees and also money for his daily
 expenses. The money was transferred only by his uncle via online banking to his
account. I asked him about his friend Gokul. He stated that they were good friends.

(iv) I went to Gokul’s house to question him. I asked him about his friendship with Raj. He
stated that he thought he was Raj’s good friend but he had used him and now he is
accused of murdering Raj’s uncle. He stated that he and Raj shared an equal interest in
technology and that he would go to Raj’s house and teach him a few tricks for fun. He
admitted to teaching Raj how to decrypt his uncle’s password by installing software
which would trace the keystrokes of his uncle’s laptop. This too he had done because
Raj insisted that he teach him these techniques. He also stated that Raj was hated by his
aunty Durga and her son Vivek. There would be constant quarrelling in the house
whenever he visited. He further stated that he often found Kailash with a glass of
alcohol watching television.

(v) I inquired about both Gokul and Raj from their lecturers and the college Principal who
had positive reviews about both of them. I even questioned the college canteen
caretaker who said that he had never had any problems with the two of them either
jointly or severally. When I asked the librarian about them and what books if any were
issued by them. She looked into her online database and said that of late she had issued
tech-related magazines and books to them which was very odd considering it was a
medical college.

(vi) I asked a clerk about Gokul and Raj. The clerk did not know anything about Gokul but
he stated that Raj was a very ambitious person. He always would tell me how much he
liked the principal’s automatic luxury car and hope to get one someday. He also stated
that he did not have good company and all the people that he moved about with were
politically connected people.

(vii) As Dr Sameer was away at his medical conference, I had to wait for him. I questioned
him on his return about Kailash’s medical history. He told me that Kailash had a
drinking problem for the past decade due to which his liver was damaged and that the
half-life of medicine would be delayed due to his liver being damaged. Due to this
phenomenon, all tablets would have a delayed effect on him resulting in overdosage of
the medicine. Therefore, he cautioned Kailash not to consume alcohol along with
medication. He had also cautioned him about the delayed effect of a drug due to his
damaged liver and that he should not take an extra dose thinking that the drug
administered is not working. Kailash had also requested me to prescribe him anti-
depressants which I blatantly denied him due to the large-scale side effects of anti-
depressants. I prescribed him medication which would be for symptomatic treatment.
Even though Dr Sameer was bound by client-doctor privilege nonetheless he stated that
Kailash would take other medications which were not prescribed by me which
frustrated his treatment.
(viii) From the investigation conducted by me, I submit the following:
a. Gokul and Raj hacked into Kailash’s laptop, installed the hardware device and
deciphered Kailash’s net banking password using the keylogger software;
b. Raj owed money to Gokul and Gokul was pressurizing Raj to return the money;
c. Raj and Gokul learnt of the insurance policies in his name;
d. Raj forged a prescription in Dr Sameer’s name and got hold of a drug which in the
usual circumstances he could not have access to; and
e. He wrongly administered the drug leading to Kailash’s death. He was a medical
student and could have called any senior doctor from his college for advice but he
choose to take things into his own hands.
(ix) Therefore, there is probable cause that Raj and Gokul must be tried for the murder
of Kailash.
15. Refer Notice Served.
16. Dispatched.

Sd/- Sd/-

Station House Officer Investigating Officer

 ANNEXURE - VII
Expert Witness - Hardeep Singh
I received the desktop and the laptops seized from the house of the deceased. I scrutinized the laptop and
the desktops and also the hard disk in detail. I also received hardware; the picture of it is given below,
which is a keylogger (figure 1) that can be attached to the desktop as shown in figure 2. Hardware-based
keyloggers do not depend upon any software being installed as they exist at a hardware level in a
computer system.
Fig 1 Fig 2

The Desktop and the Laptops were constantly used. I was asked to look specifically for the operations
from June 1 to July 3 2017. I found that they were both used constantly during the period. I found on July
3 the laptop was logged in the normal way only once at 9.54 a.m.
I also found Key-logger software installed in the hard disk that was seized. This I found unusual as this
software is used to track the keying pattern of a user. If you are an expert, you can retrace the various sites
visited by a user. It can also be used to trap passwords. These are computer programs designed to work
on the target computer's software.
Keyloggers are used in IT organizations to troubleshoot technical problems with computers and business
networks. Other legal uses include family or business people using them to monitor the network usage
without their users' direct knowledge. However, malicious individuals may use keyloggers on public
computers to steal passwords or credit card information.
All computers are vulnerable to misuse either by unauthorized users penetrating the system or by
authorized users abusing their privileges. Computer audit logs record information. If you are proficient in
the computer software, you may access the logs and find out exactly what files have been opened and
when and for what duration.
When a computer/laptop is opened by an unauthorized user, by utilizing technical knowledge/tools, it is
commonly known as hacking and it is illegal. In the computer security context, a hacker is someone who
seeks and exploits weaknesses in a computer system or computer network. Hackers may be motivated by
a multitude of reasons, such as profit, protest, challenge, or enjoyment.