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(i) According to the prosecution case, as reflected from Column No.16 of the charge-sheet, Sunil Kumar Lahoria was done to death by accused persons by indulging in criminal conspiracy as deceased Sunil Kumar Lahoria was in habit of lodging several reports against Builders with police apart from initiating proceedings against them in various courts of law. He was lodging complaints against Builders with the office of the Navi Mumbai Municipal Corporation and the CIDCO. Several secret meetings were conducted by accused persons in the office of accused no.10 Suresh Bijlani located at Palm Beach Road of Navi Mumbai. The prosecution is alleging that revision petitioner / accused no.4 Sumeet Bachewar is one of the Builders who was attending such secret meetings by visiting office of accused no.10 Suresh Bijlani and as such is a part of conspiracy hatched by the accused persons. After conspiring against Sunil Kumar 904-REVN-449-2017.doc Lahoria, accused persons hired contract killers and pursuant to conspiracy, Sunil Kumar Lahoria came to be murdered by them.

34 According to the prosecution case and particularly as reflected from the statements of Sandeep Lahoria - son of the deceased, deceased Sunil Kumar Lahoria was in profession of building construction and that he had made several complaints against several Builders of Navi Mumbai to various authorities apart from taking out various proceedings in several courts including this court against them. As he had unearthed FSI scam of Builders in Navi Mumbai and therefore, those were having grudge against the deceased. This, according to the prosecution case, constituted a motive for indulging in criminal conspiracy in liquidating Sunil Kumar Lahoria. According to the prosecution case, accused no.10 Suresh @ Jawahar Bijlani and accused no.12 Anurag Garg were the kingpin of the criminal conspiracy. They 904-REVN-449-2017.doc along with co-accused - accused no.13 Mahesh Bijlani, revision petitioner / accused no.9 Bhupesh Gupta and Sumeet Bachewar (the discharged accused) indulged in the criminal conspiracy, hired services of accused no.2 Emanuel Amolik for hiring contract killers viz. accused no.1 Venkatesh Chettiyar and accused no.3 Wajeed @ Zaheer and executed the object of the conspiracy by getting Sunil Kumar Lahoria killed through contract killers. For pointing out sufficient ground for proceeding against revision petitioner / accused no.9 Bhupesh Gupta, the learned APP pressed in service statements of prosecution witnesses Haroon Shaikh, Shamsuddin Pirjade, Kisan Bhosale, Anil Rishiraj and Dattashraya Ubale, apart from placing reliance on statements of Sandeep Lahoria and argued that in the backdrop of enmity with the deceased due to his acts of lodging complaints against them, accused persons indulged in criminal conspiracy and revision petitioner / accused no.9 Bhupesh Gupta was one of the conspirators who planned to get Sunil Kumar Lahoria killed.