15 years on, South Bombay murder accused to face trial

MUMBAI: Fifteen years after Canadian national Dr Asha Goel was found murdered at her brother’s Malabar Hil flat while on a visit to settle a property dispute in the family, the Bombay high court has set aside the sessions court order discharging her brother’s son-in-law in the case.



The 62-year-old Ontario based obstetrician was killed on August 23, 2003, at the flat of her brother, Suresh Agrawal (since deceased). Justice Mridula Bhatkar heard the state’s challenge to the February 14, 2017, order which discharged Narendra Goel, his son-in-law, from the case by accepting his alibi that he was not in Mumbai then.

Suresh’s employee Pradeep Parab was arrested on September 2, 2003. He turned approver two years later and in his confession named three others—employees Manohar Shinde (since deceased) and Pawankumar Goenka, besides Narendra.

Special public prosecutor Raja Thakare argued that Suresh, with the help of the trio, hatched a conspiracy to kill Asha. He said Parab gave details of how Suresh took the initiative to prepare to kill Asha. He said Narendra’s alibi was that on the intervening night of August 22 and 23, 2003, he left for Delhi. Thakare said the plea of alibi has to be taken only after the prosecution proves its case and it has to be scrutinized only during trial.

Narendra’s advocate Mukesh Vatsa countered that call data records showed he had phoned his wife before boarding the aircraft and after reaching Delhi. He said the earlier investigating agency (Malabar Hill police station) had exonerated an employee, Praveen Vatsa, after they verified that he had not travelled in Narendra’s name and was unrelated to the crime. There is no evidence against Narendra, except for the approver’s doubtful statement in the absence of corroboration, he added.

Justice Bhatkar took note that Parab, in his September 27, 2005, judicial confession, said Goel was part of the conspiracy and he actually transported the assailants to and from Suresh’s residence. The judge said it is true that documents of defence of the accused cannot be taken on record at the time of deciding a plea for discharge and material brought by the prosecution is to be taken into account. She noted the remand papers disclose that the police verified that Praveen Vatsa did not travel in Narendra’s name and a ticket and certificate of travel are produced as proof, after which he was exonerated.

“The learned sessions judge, while discussing this issue, has lost sight that the evidence of alibi is to be tested and the prosecution is to be given full opportunity. Sometimes alibi can be planted by an intelligent accused,” wrote Justice Bhatkar in her December 21, 2018, order.

The judge said as this is the offence of murder and in view of the confession of “the approver before the court, it may be corroborated or uncorroborated at this stage, but it is a material to frame charge”. The judge declined to stay the order.