Nafisa Joseph Suicide Case: Businessman Gautam Khandjua To Face Trial After Bombay HC Rejects Discharge Plea

Mumbai: The Bombay High Court has refused to discharge businessman Gautam Khandjua, accused of abetting the suicide of popular VJ Nafisa Joseph, holding that the circumstances preceding her death were sufficient for the trial to continue.

Justice M.M. Sathaye dismissed Khandjua’s revision plea challenging a 2005 Sessions Court order that rejected his discharge application in the case registered under Section 306 of the Indian Penal Code (IPC).

Also Watch:

Joseph, a well-known television video jockey, died by suicide at her Andheri residence on July 29, 2004, days before her scheduled marriage to Khandjua. The couple got engaged in May 2004, and their wedding was fixed for August 7, with invitations reportedly distributed.

The prosecution case was that tensions arose after Joseph sought documents relating to Khandjua’s earlier marriage. Khandjua had allegedly told her that he had obtained a divorce through a memorandum of understanding, but did not produce the divorce papers despite repeated requests.

The court noted that a quarrel took place between the couple on July 28, a day before Joseph’s death. Her mother came to Mumbai and confronted Khandjua about the divorce papers. The following morning, she again asked him whether he intended to marry Joseph, to which he replied that he would not marry her.

Joseph subsequently returned to her Andheri flat, where her mother and friend Poonam Damania were with her. The court noted that she was upset, had not eaten for two days and refused to see a doctor unless Khandjua accompanied her. Damania called Khandjua repeatedly, but he did not come.

Joseph later locked herself in a bedroom and died by suicide by hanging herself from a ceiling fan with a dupatta.

Senior Advocate Ashok Mundargi, appearing for Khandjua, argued that the chargesheet did not show any act of instigation, threat, coercion, humiliation or intentional aid by his client. He contended that refusal to marry or emotional distress could not by itself constitute abetment of suicide.

The prosecution opposed the plea, submitting that Khandjua’s refusal to marry came in close proximity to Joseph’s death and that she had felt humiliated and feared disrepute to herself and her family.

Justice Sathaye said whether Khandjua’s conduct amounted to instigation or aid could be determined only after evidence was tested at trial. “It cannot be conclusively said, at this stage, that ingredients of Section 306 r/w 107 of IPC are not made out,” the court observed.

The judge said a “mini trial” could not be conducted at the discharge stage and held that there were sufficient grounds for the case to proceed.

The revision was dismissed and the stay on the trial was vacated. However, the court continued the interim stay for six weeks considering the long pendency of the matter.

To get details on exclusive and budget-friendly property deals in Mumbai & surrounding regions, do visit: https://budgetproperties.in/