How the Law will take its course in Sheena Bora Murder Mystery
Wed Aug 03 2022 | Employment, Criminal and Labour | Comments (0)
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Sheena Bora murder is a case where a mother killed her daughter by strangulating her first and then setting her on fire. Initially it looked like any other murder case involving the elite class of the country but much has been happening with every passing day with skeletons tumbling out of the closet one after the other.
An insight into Sheena Bora Murder Mystery
Sheena Bora was murdered on 24th April, 2012 by Indrani Mukherjea, her second husband Sanjeev Khanna and her driver. Sheena's remains were spotted by the villagers in Raigad, some 84 km from Mumbai a month after the murder but due to the glaring lapses in procedures, police dismissed the body as unclaimed and buried it without any forensic examination.
The victim was shown as being alive for almost three years by her mother, as Indrani Mukherjea used Sheena's phone to send messages and even posted her pictures on Facebook to give an impression that she is alive and is in USA. Until victim's brother smelled a foul play. Now after three years, the skull and the bones have been sent for forensic examination. Earlier Indrani refused to have killed Sheena and blamed Sanjeev for that but after the driver, Shyam Rai's, revelations she confessed to have murdered Sheena. The facts of this case do not end here as new facts are coming up with every passing day.
Charges which would be framed against the accused and her complicit
If it is proven after the forensic report is out that the remains found at Raigad were that of Sheena Bora then Indrani Mkherjea and her complicit would be charged with:
- murder (u/s 302, Indian Penal Code)
- she along with her second husband Sanjeev Khanna and the driver, Shyam Rai would be charged with joint liability to commit murder (u/s 34 read with section 302, Indian Penal Code),
- Criminal conspiracy to commit murder (u/s 120A read with section 302)
- They would also be charged with an attempt to murder (u/s 307, Indian Penal Code)
Sheena's brother Mikhail Bora as Mikhail stated that he was given some drug the day on which Sheena Bora was murdered but he regained consciousness and ran away from the hotel. Later there was a plan to kill him in Kolkata also. - The second husband of Sheena Bora and the driver would be punished u/s 201, Indian Penal Code for tampering of evidence to screen the offender.
- Indrani Mukherjea would be punished under Information Technology Act, 2000 for using Sheena Bora's Facebook account and gmail account after her death for sending emails and posting pictures on her facebook account to show to the world that she is alive.
Procedure which would be followed
As soon as the news came out that Indrani Mukherjea was arrested and put in police custody for interrogation as section 167 of the Criminal Procedure Code, 1860 (further mentioned as CrPC), states that a person after being arrested has to be produced before the nearest Magistrate within 24 hours of her arrest and such magistrate may grant the accused person police custody for 15 days and in exceptional cases can be granted a police custody of 90 or 60 days. So in this case also if the interrogation cannot be completed within 15 days then the accused may be kept in custody for 90 days.
These statements of Indrani Mukherjea recorded before the police officer do not have any substantive value but only hold a corroborative value (u/s 162, CrPC). Its only when the statement would be recorded before the Judicial Magistrate (u/s164, CrPC) that it will hold a substantive value.
After completion of investigation police would produce a charge sheet, which is a formal document of accusation prepared by the investigating officer, before the concerned Magistrate. In this case charge sheet would take time to be produced before the court by the end of September, 2015. And then the trial would start and the stage would change from investigation to inquiry.
Thereafter the accused persons would undergo a proper criminal trial which involves framing of charges by the concerned Magistrate, recording of statements of the accused persons and the other witnesses, etc. Then the judge would apply his judicial mind to it and pronounce a judgment punishing or acquitting the accused.
As per the latest report, the DNA of Sheena Bora has matched with that of Indrani Mukherjea. We will come to know what actually happens in this matter in the due course of time.
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