Shraddha Walkar murder: Aftab Poonawalla had contacted a criminal lawyer in June-July this year

NEW DELHI: According to information obtained from one of the probe officials of the Delhi police in the Shraddha Walkar murder case, accused Aftab Amin Poonawalla had contacted a criminal lawyer during June-July this year.

While it is not exactly known what discussions Aftab had with the lawyer, as lawyer-client consultations or discussion (as with doctor-patient consultations) are privileged and either party cannot be asked or forced by a court of law or the police to reveal the same, it is presumed that Aftab Poonawala must have discussed the murder case and the rights of the accused and the procedure and trial process of a murder case.

According to our police source, Aftab knew at the back of his mind that the long arm of the law would someday catch up with him. He was aware that he will not get away without serving at least a few years in jail. He was trying to reduce the total punishment by ensuring that the police and other investigating agencies were not able to to obtain vital facts and evidence including the body and the murder weapon to eventually convict him for the murder under Section 302 of the Indian Penal Code, which means a minimum of life imprisonment.

Aftab by cutting up the body of the deceased and throwing the various pieces at different places and also ensuring that the murder weapon and other tools used to cut up the body were not found, wanted to create an element of doubt during the trail. This element of doubt during trial would ensure that he would possibly get away with a sentence of 4 to 6 years, the official said. He also said that he killed his live-in partner in the “heat of the moment” during a fight, which means he did not plot a cold-blooded murder, which can even mean the death penalty.

For example in the Indrani Mukherjee-Sheena Bora case, all the accused are out on bail, after having served anywhere from 4 to 6 years behind bars. The trial will go on for several years, once the accused are out on bail and they will have options to appeal their conviction, right upto the Supreme Court, even if the trial court finds them guilty. Finally, after the last stage of appeal is over, the courts are likely to take a lenient view and let off the accused on account of age and “good behaviour”, which means the accused may not have to serve any more time in prison than what was already served before.

Aaftab Poonwalla was also preparing for a similar scenario and hoping that the longer the cops got wind of the murder, the more difficult would it be for the prosecution to prove the case and convict him for murder under Section 302 of the Indian Penal code.