Nitish Katara murder case: Difference between revisions

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{{Short description|Indian murder case}}{{COI|date=October 2016}}{{cleanup reorganize|date=August 2015}}
#REDIRECT [[Murder of Nitish Katara]]


{{Use British English|date=March 2013}}
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{{Use dmy dates|date=November 2020}}
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[[File:Nitish Katara, d. 2002.jpg|thumb|Nitish Katara (1978 – 17 February 2002)]]
}}
 
'''Nitish Katara''' was a 25-year-old Indian business executive in [[Delhi]] who was murdered in the early hours of 17 February 2002 by Vikas Yadav. Yadav was the son of influential criminal-politician [[D. P. Yadav]]. Katara had recently graduated from the Institute of Management Technology in [[Ghaziabad, India|Ghaziabad]] where he had fallen in love with his classmate Bharti Yadav, sister of Vikas Yadav.<ref name="rediff">
{{cite web
|url=http://www.rediff.com/news/2004/feb/24yadav1.htm
|title=Who is D P Yadav? A Dossier
|author=Sharat Pradhan
|accessdate=2006-10-19
|date= 25 February 2004
|publisher = Rediff.com
}}</ref>
The trial court held that Katara's murder was an [[honour killing]] because the family did not approve of their relationship.<ref name="honour">
{{cite news
| title =        Trial court sees Katara murder as honour killing
| author =      Abhinav Garg
| work =    [[The Times of India]]
| url =          http://articles.timesofindia.indiatimes.com/2008-05-31/delhi/27779831_1_nitish-katara-katara-murder-vikas-and-vishal
| archive-url =          https://web.archive.org/web/20121021131503/http://articles.timesofindia.indiatimes.com/2008-05-31/delhi/27779831_1_nitish-katara-katara-murder-vikas-and-vishal
| url-status =          dead
| archive-date =          21 October 2012
| date =        31 May 2008
| accessdate =  2008-05-31
}}</ref> Vikas and Vishal Yadav were later found guilty by the trial Court and both were given life sentences on 30 May 2008.<ref name="S.C. No. 78/2002">{{Cite web |url=http://www.indiajudgments.com/resources/Nitish%20Katara-Trial%20Court%20Judgment.PDF |title=''State vs. Vikas Yadav & Vishal Yadav'', S.C. No. 78/2002 |access-date=28 April 2014 |archive-url=https://web.archive.org/web/20160304024005/http://www.indiajudgments.com/resources/Nitish%20Katara-Trial%20Court%20Judgment.PDF |archive-date=4 March 2016 |url-status=dead }}</ref><ref>
{{cite news
| title =        Wealthy Indian killer sentenced
| publisher =    BBC News
| url =          http://news.bbc.co.uk/2/hi/south_asia/7427999.stm
| date =        30 May 2008
}}</ref> On 2 April 2014 the Delhi High Court upheld the trial court verdict of life imprisonment for the accused.<ref name="Crl2008">[http://lobis.nic.in/dhc/GM/judgement/01-04-2014/GM02042014CRLA7412008.pdf ''Vishal Yadav vs. State of U.P.'', Crl.A. 741/2008] {{webarchive|url=https://web.archive.org/web/20140429045018/http://lobis.nic.in/dhc/GM/judgement/01-04-2014/GM02042014CRLA7412008.pdf |date=29 April 2014 }}</ref><ref name="HT"/> On 6 February 2015, Delhi High Court on re-appeal on death sentence, extended sentence as 25 years' rigorous life imprisonment without remittance.<ref name="HT"/><ref name="ndtv15">{{cite web| title = Nitish Katara's Killers Won't Hang, But Jail Sentence is Made Tougher | url = http://www.ndtv.com/india-news/in-nitish-katara-case-death-sentence-rejected-for-yadav-brothers-737461?pfrom=home-lateststories | accessdate = 2016-09-09 |work=NDTV|date=6 February 2015 }}</ref> On 9 September 2015, The [[Supreme Court of India]] rejected a plea by Neelam Katara seeking enhancement of sentence to death for Vishal and Vikas Yadav<ref>https://in.news.yahoo.com/nitish-katara-killing-sc-declines-death-sentence-plea-081633503.html</ref> On 3 October 2016, the Supreme Court sentenced Vikas and Vishal Yadav, as well as Sukhdev Pehelwan, the third accused, to 25 years' imprisonment without remission.<ref>{{Cite news|url=http://www.thehindu.com/news/national/nitish-katara-murder-sc-awards-25-years-jail-to-convict-vikas-yadav/article9179385.ece|title=Nitish Katara murder case: SC upholds 25-year sentence without remission to Vikas Yadav|last=Correspondent|first=Legal|date=2016-10-03|newspaper=The Hindu|language=en-IN|issn=0971-751X|access-date=2016-10-03}}</ref>
 
The Yadav family never approved of the relationship between the two, and Katara received threats several times.<ref name="depose"/> However, he was an idealist, and believed in "standing up to injustice".<ref>{{cite news
| title = Fighting Fate and Dirty Power
| author = Aman Khanna
| publisher = Neelam Katara’s sole struggle
| url = http://www.tehelka.com/story_main6.asp?filename=Ne090411fighting_fate.asp
| date = 11 September 2004
| access-date = 27 July 2007
| archive-url = https://web.archive.org/web/20070927205933/http://www.tehelka.com/story_main6.asp?filename=Ne090411fighting_fate.asp
| archive-date = 27 September 2007
| url-status = dead
}}</ref> On the night of 16 February 2002, the couple attended a common friend's wedding, where Yadav's brother, Vikas, and a cousin were present as well. From there, Katara was taken for a drive by Yadav's brother Vikas Yadav and Vishal Yadav, and never returned. Three days later, Katara's body was found beside the highway; he had been battered to death with a hammer, diesel poured on him, and set aflame. Dr [[Tirath Das Dogra|T D Dogra]] collected the blood samples of parents for DNA profiling to establish the identity of deceased Nitish Katara at AIIMS New Delhi.<ref>{{cite web|url=https://www.scribd.com/doc/33215738/Judgement-Nitish-Katara|title=Judgement Nitish Katara murder case|publisher=Delhi Court|accessdate=23 February 2013}}</ref>
 
==Background==
By 2002, Katara and Bharti Yadav were an established couple; they had been seeing each other for over four years. In her court testimony in 2006, Bharti Yadav denied any relationship beyond friendship.<ref name="india-today">
{{cite news
| title = Evil Impulse (Crime: Katara Killing)
| author = Sayantan Chakravarty
| work = [[India Today]]
| url = http://www.india-today.com/itoday/20020311/crime.shtml
| date = 11 March 2002
| accessdate = 2007-07-25
| archive-url = https://web.archive.org/web/20081120153829/http://www.india-today.com/itoday/20020311/crime.shtml
| archive-date = 20 November 2008
| url-status = dead }}
</ref>
 
In his confession to the police, Vikas Yadav stated that "the affair was damaging our family's reputation".<ref name="ndtv"/> Nitish was threatened several times,<ref name="depose">
{{cite news
| title = Katara Case: Bharti to depose within two weeks
| author = Poonam Agarwal
| publisher = [[NDTV]]
| url = http://www.ndtv.com/video/player/news/vikas-yadav-admits-killing-nitish-katara/3647
| date = 27 September 2006
| accessdate = 2007-07-25
}}</ref> and Bharti was tense about how her family might react.<ref name="ginnie">{{cite news|title=No mother should face a situation like mine |author=Ginnie Mahajan |work=[[DNA (newspaper)|DNA]] |url=http://www.dnaindia.com/report.asp?NewsID=1069638 |date=16 December 2006 |accessdate=2007-07-25 |url-status=dead |archiveurl=https://web.archive.org/web/20070927200902/http://www.dnaindia.com/report.asp?NewsID=1069638 |archivedate=27 September 2007 }}</ref>
 
===The murder===
On 2002-02-16, Yadav and Katara attended a friends wedding in [[Ghaziabad]]. Bharti's mother, her brother Vikas and sister Mitalee were all there.
 
After the wedding, four people told having seen Vikas Yadav and his cousin Vishal Yadav take Katara into their [[Tata Safari]] [[SUV]].{{citation needed|date = July 2011}} His friends thought he would be returning soon, but when they had not returned till well past midnight, Bharat Divakar, who had accompanied Nitish to the wedding in a taxi, went to their house. It was 3&nbsp;am when Neelam Katara opened the door, and she immediately called Bharti. It turned out that Bharti herself was trying to find out Nitish's whereabouts. She asked Neelam "to go to the police, adding that maybe her brothers—Vikas and Vishal—had taken Nitish to Punjab".<ref name="ginnie"/><ref>{{dead link|date = July 2011}}</ref> Bharti is thought to have called her sister Bhavna Yadav, whose registered mobile phone number was used all night to call many friends of the couple, as well as Neelam Katara.<ref name="anasuya">
{{cite news
|title      = Vikas Yadav's sister summoned in court
|author      = Anasuya Roy
|publisher  = [[NDTV]]
|url        = http://www.ndtv.com/convergence/ndtv/story.aspx?id=NEWEN20070000890
|date        = 18 January 2007
|accessdate  = 2007-07-25
|url-status    = dead
|archiveurl  = https://web.archive.org/web/20070929140833/http://www.ndtv.com/convergence/ndtv/story.aspx?id=NEWEN20070000890
|archivedate = 29 September 2007}}</ref>
 
Yadav also gave Neelam Katara her father's number, and after a fruitless visit to the police, at 8 in the morning, Neelam called D. P. Yadav, who did not know where Vikas or Nitish might be.<ref name="india-today"/>
 
Next morning, the police found a battered and burned body at [[Khurja]], 80&nbsp;km from the wedding venue. The body had been so badly beaten that "the digestive system had fallen out".<ref name="india-today"/> At 11 a.m., Neelam Katara filed a [[First Information Report]]. Based on initial statements by her and Bharti Yadav, warrants were issued for Vikas and Vishal.<ref name="london">{{cite news
|title      = Politician's daughter on run as her brother faces 'honour murder' charge
|work      = The Evening Standard
|url        = http://www.thisislondon.co.uk/news/article-23371069-details/Politician's+daughter+on+run+as+her+brother+faces+'honour+murder'+charge/article.do
|archive-url = https://archive.today/20130505064444/http://www.thisislondon.co.uk/news/article-23371069-details/Politician's+daughter+on+run+as+her+brother+faces+'honour+murder'+charge/article.do
|url-status  = dead
|archive-date = 5 May 2013
|date      = 17 October 2006
|accessdate = 2006-10-18
}}</ref>
 
==Arrest and confessions==
Inspector Ashok Bhadoria arrested Vikas and Vishal Yadav in [[Dabra]], [[Madhya Pradesh|MP]], and in his original statement to the court, he said that the Yadavs had confessed having kidnapped Katara from Kavi Nagar, Ghaziabad.<ref name="ndtv2">
{{cite web
|url        = http://origin.ndtv.com/topstories/showtopstory.asp?slug=Vikas+admitted+twice+to+killing+Katara&id=19514
|title      = Vikas Yadav admitted twice to killing Katara
|author    = Poonam Agarwal
|accessdate = 2006-10-18
|date      = 2 June 2006
|publisher  = NDTV
}}{{dead link|date=February 2018 |bot=InternetArchiveBot |fix-attempted=yes }}</ref> However, under cross-examination the inspector changed his stand saying the accused persons made no confessional statements in his presence.{{citation needed|date=July 2011}}
 
Another police constable, Brij Mohan Mishra, who was at the Dabra police station where the Yadavs were brought after being arrested, said in court, "The accused persons themselves said that they had murdered Nitish Katara after kidnapping him. He added that he had told inspector Bhadoria about the disclosure, but Bhadoria 'did not produce me before any magistrate to get my statement recorded'." It was reported that Bhadoria is a business associate of D P Yadav, but he denied that this fact may have had any bearing on his actions.<ref name="ndtv2"/>
 
After being handed over to the U.P. police, they gave a more detailed confession on having kidnapped and killed Nitish Katara, which the Police recorded on audiotape. In May 2006, the [[NDTV]] news channel managed to obtain the tape and broadcast it. In this confession, Yadav admitted to taking Katara from the party, murdering him, and burning the body.<ref name="ndtv">{{cite news
|url        = http://origin.ndtv.com/template/template.asp?id=19485&template=nitishkataramurder&callid=0&frmsrch=1&txtsrch=vikas%2Cyadav%2Cconfession
|title      = Vikas Yadav admits killing Nitish Katara
|author    = Poonam Agarwal
|accessdate = 2006-10-18
|date      = 28 May 2006
|publisher  = [[NDTV]]
}}{{Dead link|date=September 2018 |bot=InternetArchiveBot |fix-attempted=yes }}</ref>
Although this confession, which was made a week or so after the murder, was not formalised before a magistrate, and was therefore not admissible as evidence in court, the fact that the hammer and watch were found based on this deposition may have weighed with the trial court when it reached its verdict.<ref>
{{cite news
|title      = Bharti's testimony was crucial
|author    = Naziya Alvi
|work      = [[Hindustan Times]]
|url        = http://www.hindustantimes.com/Redir.aspx?ID=1481d4df-c0d5-428b-91b8-6da34727404c&ParentID=043da40f-dbca-4bd3-8f64-3503e47934fe
|archive-url = https://archive.today/20130125073210/http://www.hindustantimes.com/Redir.aspx?ID=1481d4df-c0d5-428b-91b8-6da34727404c&ParentID=043da40f-dbca-4bd3-8f64-3503e47934fe
|url-status  = dead
|archive-date = 25 January 2013
|date      = 28 May 2008
|accessdate = 2008-05-30
}}</ref>
 
Bharti Yadav, whose testimony was being sought in the trial, moved to London for an extended period shortly after the murder. From there, she apparently sent some e-mails to Katara's brother, which blame her father D. P. Yadav for sanctioning the murder.<ref name="london"/> In her subsequent court testimony, however, she has claimed that the account was not hers.{{citation needed|date=July 2011}}
 
==Witnesses and testimonies==
 
===Bharti Yadav===
Considerable drama and media attention focused on the protracted struggle (over four-and-a-half years) to obtain the testimony of Bharti Yadav. Her reluctance to testify only highlighted media speculation that the family was worried her testimony might go against her own brother.<ref>
{{cite news
| title = Yadavs jittery after Bharati's return
| author = Brajesh Kumar
| work= [[DNA (newspaper)|DNA]]
| url = http://www.dnaindia.com/report.asp?NewsID=1066357
| date = 26 November 2006
| accessdate = 2007-07-25
}}</ref>
Lawyers on her behalf made 39 appeals that she be relieved.<ref>{{cite web|url=http://www.indlawnews.com/9aeda8d64fb8641940933804d17275c4 |title=Take Coercive Measures To Bring Bharti To Depose in Katara Case:Delhi High Court |accessdate=2006-10-18 |date=4 October 2006 |publisher=indlawnews.com |url-status=dead |archiveurl=https://web.archive.org/web/20060326180509/http://www.indlawnews.com/9aeda8d64fb8641940933804d17275c4 |archivedate=26 March 2006 }}
</ref> In March 2005, the Uttar Pradesh state prosecution counsel also moved that she not be called.
 
Initially, Bharti told a policewoman of her love for Nitish.<ref>
{{cite news
| title = Nitish was a close friend: Bharti
| author = PTI
| work= [[The Telegraph (Kolkata)|The Telegraph]] | location = Kolkata
| url = http://www.telegraphindia.com/1061202/asp/nation/story_7080131.asp
| date = 2 December 2006
| accessdate = 2007-07-25
}}</ref> But in March 2002, within two weeks of this initial verbal statement, a team of the Ghaziabad police headed by Dr Dharam Veer Singh and Anil Samanya met Bharati Yadav and D. P. Yadav, at his [[Rajya Sabha]] residence. She told them that "her relationship with Nitish was like that of a classmate and there was nothing special about them."<ref>{{cite news
| title = Bharati Yadav denies affair
| work = The Hindu
| url = http://www.hinduonnet.com/thehindu/2002/03/03/stories/2002030305050300.htm
| date = 3 March 2002
| access-date = 27 July 2007
| archive-url = https://web.archive.org/web/20080531130736/http://www.hinduonnet.com/thehindu/2002/03/03/stories/2002030305050300.htm
| archive-date = 31 May 2008
| url-status = dead
}}</ref>
 
Immediately after this, Bharti Yadav went to London to study and "was believed to have been working as a staff nurse".<ref name="whereabouts"/> The family strongly resisted her being called as a witness. She could not be contacted, and repeated warrants and non-bailable warrants were not heeded to.
 
By March 2004, all other witnesses in the case had been examined, except for Bharti Yadav.<ref name="sikri"/> Pressure mounted on getting Bharti Yadav to testify. After a year without success, the UP prosecuting team dropped her as a prosecution witness, which was challenged by Neelam Katara,<ref>
{{cite news
| title = Plea against Bharti Yadav filed
| work = [[The Hindu]]
| url = http://www.hindu.com/2005/04/22/stories/2005042219510300.htm
| archive-url = https://web.archive.org/web/20050428041423/http://www.hindu.com/2005/04/22/stories/2005042219510300.htm
| url-status = dead
| archive-date = 28 April 2005
| date = 22 April 2005
| accessdate = 2006-06-21
| location=Chennai, India
}}</ref> saying that she was a material witness, and in dropping her, the prosecution may have been influenced by D. P. Yadav.
Delhi prosecutor Mukta Gupta in September 2005 said that
"it showed the malafide intention of the Uttar Pradesh Prosecutor to request for dropping of Bharti as witness".<ref>
{{cite news
| title = Bharti Yadav is material evidence in Katara murder case: Prosecution
| work = [[The Tribune (Chandigarh)|The Tribune]]
| url = http://www.tribuneindia.com/2005/20050930/delhi.htm
| date = 30 September 2005
}}</ref>
In October 2005, the court ruled that she was a material witness and would be required to testify.<ref>
{{cite news
| title = Court notice to U.P. Police in Katara murder case
| work = [[The Hindu]]
| url = http://www.hindu.com/2005/10/08/stories/2005100810850400.htm
| archive-url = https://web.archive.org/web/20051214225026/http://www.hindu.com/2005/10/08/stories/2005100810850400.htm
| url-status = dead
| archive-date = 14 December 2005
| date = 8 October 2005
| location=Chennai, India
}}</ref>
 
In August 2006, the Supreme Court, responding to an appeal from Nitish Katara's mother, shifted the trial from Ghaziabad to [[Delhi]] because of D. P. Yadav's considerable influence in the area, including its administration and judiciary.<ref name="tribune">
{{cite web
|url=http://www.tribuneindia.com/2002/20020824/ncr1.htm#3
|title=SC orders transfer of Katara case to Delhi
|accessdate=2006-10-18
|date= 24 August 2002
|work = The Tribune
}}</ref>
 
Meanwhile, despite several court warrants, Bharti still could not be traced. In May 2006, Bharti Yadav's passport was revoked by the [[Ministry of External Affairs (India)|Ministry of External Affairs]],<ref>
{{cite news
| title = Counsel's help sought to ensure presence of Bharti Yadav
| work = [[The Hindu]]
| url = http://www.hindu.com/2006/05/04/stories/2006050414040400.htm
| archive-url = https://web.archive.org/web/20071102055508/http://www.hindu.com/2006/05/04/stories/2006050414040400.htm
| url-status = dead
| archive-date = 2 November 2007
| date = 4 May 2006
| accessdate = 2007-07-25
| location=Chennai, India
}}</ref> so that her stay in UK was technically illegal. Furthermore, her visa was expiring on 30 November, making it difficult for her to continue living in the UK.<ref>{{cite news
| title = Court summons D. P. Yadav in Katara murder case
| work = [[The Hindu]]
| url = http://www.hindu.com/2006/05/17/stories/2006051717290100.htm
| archive-url = https://web.archive.org/web/20071001021224/http://www.hindu.com/2006/05/17/stories/2006051717290100.htm
| url-status = dead
| archive-date = 1 October 2007
| date = 17 May 2006
| location=Chennai, India
}}</ref>
In May 2006, [[D. P. Yadav]] stated in court that he did not know his daughter's whereabouts.<ref name="whereabouts">
{{cite news
| title = D P Yadav given eight weeks to find Bharti's whereabouts
| publisher = oneindia.in
| url = http://news.oneindia.in/2006/05/22/d-p-yadav-given-eight-weeks-to-find-bhartis-whereabouts-1148306849.html
| date = 22 May 2006
| accessdate = 2007-07-25
}}</ref>
 
On 22 July 2006, an application was moved by Bharti's maternal uncle Bharat Singh (a member of the UP [[Vidhan Parishad|Legislative Council]]), requesting that she be permitted to testify via [[video conferencing]].<ref name="neelam-bar">
{{cite news
| title = Bharti seeks bar on Neelam Katara' presence
| work = [[The Hindu]]
| url = http://www.hindu.com/2006/11/22/stories/2006112209030400.htm
| archive-url = https://web.archive.org/web/20071001061832/http://www.hindu.com/2006/11/22/stories/2006112209030400.htm
| url-status = dead
| archive-date = 1 October 2007
| date = 22 November 2006
| location=Chennai, India
}}</ref> However, the court turned down this request noting that "since she has chosen to stay away from the court, thereby delaying the proceedings substantially, the court was satisfied that she had absconded by avoiding appearance before the court despite having sufficient knowledge of the proceedings pending in the court where her presence as a witness was required".<ref name="sikri">
{{cite news
| title = Bharti Yadav vs. State of Uttar Pradesh
| author = Justice A.K. Sikri
| publisher = Delhi High Court Judgement
| url = http://www.delhidistrictcourts.nic.in/Nov06/BHARATI%20YADAV%20VS.%20STATE%20OF%20UP.pdf
| date= 14 November 2006
| accessdate = 2007-07-25
}}</ref>
 
In danger of being declared ''proclaimed offender'', under which circumstance she could have been arrested and deported from London, Bharti finally returned to depose before the court. Based on her convenience, 25 November 2006 was set for her testimony, and she was assured that she would not be detained upon arrival. The trial court permitted her to testify [[in camera]], ruling out the media, but permitting the defendant's parents, as well as Neelam Katara, to attend.
 
In her actual testimony, Yadav denied any romantic attachment to Katara, and said that they had simply been close friends. She also denied having sent certain emails. However, she acknowledged having sent the cards and gifts.<ref>[http://www.rediff.com/news/2006/nov/30katara.htm Nitish Katara and I were just friends: Bharti Yadav] – Rediff, 30 November 2006</ref> The prosecution stated that this evidence was key in obtaining the eventual conviction, as it established motive.
 
===Hostile witnesses===
Of the four people at the wedding who had initially said they saw Nitish go into the car with Vikas, three had already withdrawn their testimony. Only Rohit Gaur, brother of Shivani Gaur, whose wedding it was, was left as having seen Vikas and Vishal taking Nitish in his car. However, on 26 September 2006, he made the following statement in court:
 
:It is incorrect to suggest that I informed the police that on the day of the marriage, around midnight, Vishal came near Nitish Katara and had a conversation with him and took him outside where Vikas Yadav was present and that both Vikas and Vishal took Nitish in their vehicle.<ref name="depose"/>
 
He also denied having stated that Bharti and Nitish were lovers.
 
Another constable, Inderjeet, who had initially testified to seeing Vikas, Vishal, and Sukhdev Pehalwan with Nitish in the Tata Safari on the night of 16 February, now denied this in language remarkably similar to other retractions:
"it was wrong to suggest that he had seen the three accused with the victim in a Tata Safari".<ref>
{{cite news
| title = UP cop retracts statement
| work = [[The Hindu]]
| url = http://www.hindu.com/2007/07/07/stories/2007070761910300.htm
| archive-url = https://web.archive.org/web/20071001010452/http://www.hindu.com/2007/07/07/stories/2007070761910300.htm
| url-status = dead
| archive-date = 1 October 2007
| date = 7 July 2007
| location=Chennai, India
}}</ref>
 
===Ajay Kumar===
In a decision refusing bail to Sukhdev Pehalwan in April 2007, Justice B.D. Ahmed pointed to the relevance of the testimony of passerby Ajay Kumar, who had seen them on the fateful night:
 
: Ajay Kumar who, in his Section 161 Cr. P.C. Statement, is reported to have stated that on the intervening night 16–17 February 2002, he was traveling on his two wheeler (Scooter) from 47th Battalion, PAC Quarters towards Delhi when, around 12:30 a.m. at the Hapur Toll Tax Crossing his scooter broke down. Shortly thereafter, a Tata Safari driven by the accused Vikas Yadav came from behind from the direction of Police Station Kavi Nagar, Ghaziabad and the said Vikas Yadav asked him to remove his scooter immediately. It is stated that the said Ajay Kumar saw one person who had a round face and a fair complexion and was wearing a red Kurta and who had covered his shoulder with a white shawl sitting next to Vikas Yadav in the Tata Safari. The said witness (Ajay Kumar) has also reported to have seen Vishal Yadav and the petitioner on the back seat.<ref>
{{cite news
| title = Sukhdev Yadav Pehalwan vs. the State of U.P.
| author = Justice Badar Durrez Ahmed
| publisher = High Court of Delhi
| url = http://www.delhicourts.nic.in/Apr07/Sukhdev%20Yadav%20Vs.%20State.pdf
| date = 24 April 2007
}}</ref>
 
In June 2007, Ajay Kumar (also referred to as Ajay Katara, but not a relative)<ref name="poison"/> had filed a complaint to the police that "he was under pressure to withdraw from the case" and that "his life was in danger".<ref name="ill"/> He was then assigned four personal security officers (PSOs) on the orders of the trial court.<ref name="poison">
{{cite news
| title = Katara witness 'poisoned'
| author = [email protected]
| work = [[The Times of India]]
| url = http://articles.timesofindia.indiatimes.com/2007-07-13/delhi/27983726_1_ajay-katara-nitish-katara-d-p-yadav
| archive-url = https://web.archive.org/web/20121021131511/http://articles.timesofindia.indiatimes.com/2007-07-13/delhi/27983726_1_ajay-katara-nitish-katara-d-p-yadav
| url-status = dead
| archive-date = 21 October 2012
| date= 13 July 2007
| accessdate = 2007-07-25
}}</ref>
On 12 July 2007, two brothers, Manoj and Anuj Sharma, called him to the Mohan Nagar temple saying he could meet his separated wife there to sort out his domestic problems. Three more people were apparently waiting nearby in a car. But his wife never showed up and the Sharmas bought him some [[chaat]].<ref name="poison"/> Right after eating it, Ajay suddenly took very ill, vomiting and complaining of stomach cramps.<ref name="ill">NOT GUILTY
{{cite news
|title      = Katara case: Key witness taken ill
|publisher  = [[NDTV]]
|url        = http://www.ndtv.com/convergence/ndtv/story.aspx?id=NEWEN20070018664
|location    = New Delhi
|date        = 12 July 2007
|url-status    = dead
|archiveurl  = https://web.archive.org/web/20070929135940/http://www.ndtv.com/convergence/ndtv/story.aspx?id=NEWEN20070018664
|archivedate = 29 September 2007}}</ref> He immediately went to hospital, where he was treated for food poisoning. A case has been registered against D. P. Yadav and four others on suspicion of having poisoned Ajay Kumar.<ref>
{{cite news
| title = Katara 'poison'
| work = [[The Telegraph (Kolkata)|The Telegraph]]
| url = http://www.telegraphindia.com/1070713/asp/nation/story_8053476.asp
| date = 13 July 2007
}}</ref>
 
===Kumar Diwan===
In July 2007, one Pawan Kumar Diwan suddenly showed up for the defence, saying that Vikas Yadav had come to his house in [[Karnal]], at 3&nbsp;am on the night of 16–17 February 2002, for attending a ceremony the following day. He also submitted photographs showing Vikas Yadav at the ceremony.<ref>
{{cite news
|title = Vikas was in Karnal on fateful night
|work  = [[The Indian Express]]
|url  = http://www.expressindia.com/fullstory.php?newsid=89439
|archive-url = https://archive.today/20130122164454/http://www.expressindia.com/fullstory.php?newsid=89439
|url-status = dead
|archive-date = 22 January 2013
|date  = 12 July 2007
}}</ref>
 
Vikas and Vishal were found guilty by the trial court on 28 May 2008. Both were awarded life imprisonment on 30 May 2008. The convicts have stated that they would appeal against the decision in the higher courts.<ref>{{cite news| url=http://articles.timesofindia.indiatimes.com/2008-05-28/india/27782608_1_vishal-yadav-nitish-katara-vikas-yadav | archive-url=https://web.archive.org/web/20121021131518/http://articles.timesofindia.indiatimes.com/2008-05-28/india/27782608_1_vishal-yadav-nitish-katara-vikas-yadav | url-status=dead | archive-date=21 October 2012 | work=[[The Times of India]] | title=Katara murder case: Vikas, Vishal Yadav held guilty | date=28 May 2008}}</ref>
 
==Judgement==
On 30 May 2008 New Delhi fast-track court-sentenced Vikas and Vishal Yadav to life sentences for the kidnap and murder of Nitish Katara. Both were also fined Rs. 160,000 each.<ref name="S.C. No. 78/2002"/><ref>[http://news.bbc.co.uk/nolpda/ukfs_news/hi/newsid_7427000/7427999.stm Wealthy Indian killer sentenced] [[BBC News]], 30 May 2008.</ref><ref>[http://abclive.in/abclive_national/vikas-yadav-vishal-yadav.html Vikas and Vishal Yadav Get Life Imprisonment] {{webarchive|url=https://web.archive.org/web/20080531131331/http://abclive.in/abclive_national/vikas-yadav-vishal-yadav.html |date=31 May 2008 }}</ref>
 
In November 2009, Vikas Yadav was granted bail to attend the arranged marriage of Bharti to a local businessman.<ref>[http://www.thehindu.com/news/cities/Delhi/article37758.ece Court allows Vikas Yadav to attend Bharati’s marriage ceremony]</ref><ref>[http://www.indianexpress.com/news/bharti-yadav-marries-with-vikas-in-attendan/536022/ Bharti Yadav marries, with Vikas in attendance] ''Indian Express'', 2 November 2009</ref> Vikas Yadav was granted bail 66 times in the first two years of his incarceration, often with no clear reason documented.<ref name=ie>[http://www.indianexpress.com/news/vikas-yadav-out-of-tihar-66-times-for-treatment/653029/1 Vikas Yadav out of Tihar 66 times for treatment] ''Indian Express'' 28 July 2010</ref> Nitish Katara's mother accused the jail authorities of colluding with Yadav's influential family and requested a formal investigation.<ref name="ie"/> The Delhi High Court accused Vikas Yadav of repeatedly becoming involved in criminal activities whilst out on bail, including involvement in the [[Murder of Jessica Lal|Jessica Lal case]],<ref name=oe>[http://news.outlookindia.com/item.aspx?668074 Katara Case: Vikas Faces Tough Time for Bail in HC] {{webarchive|url=https://web.archive.org/web/20110715024037/http://news.outlookindia.com/item.aspx?668074 |date=15 July 2011 }} ''Outlook'', 20 October 2009</ref> as well as absconding on two occasions.<ref name="oe"/>
 
On 2 April 2014, [[Delhi High Court]] upheld the trial court verdict sentencing life imprisonment to Vikas Yadav, Vishal Yadav and the contract killer Sukhdev Pehalwan.<ref name="Crl2008"/> An appeal by Katara's mother and prosecution seeking death sentence to the convicts is still pending before the High Court which will be heard on 25 April 2014. The Delhi High Court on Friday 6 February 2015 sentenced Vikas Yadav and his cousin Vishal Yadav to 30 years in prison for the murder of Nitish Katara.<ref name="HT">{{cite web|title=Nitish Katara Murder: Delhi High Court upholds life term for Killers|url=http://www.hindustantimes.com/india-news/delhi-hc-upholds-conviction-of-3-convicts-in-nitish-katara-murder-case/article1-1203268.aspx |archive-url=https://web.archive.org/web/20140402193434/http://www.hindustantimes.com/india-news/delhi-hc-upholds-conviction-of-3-convicts-in-nitish-katara-murder-case/article1-1203268.aspx |url-status=dead |archive-date=2 April 2014 |accessdate=2 April 2014|date=2 April 2014 }}</ref><ref name="Crl.Rev.P. 369/2008">[http://delhihighcourt.nic.in/dhc_case_status_oj_list.asp?pno=101825 ''Nilam Katara vs. State & Ors.'', Crl.Rev.P. 369/2008]</ref>
 
On 18 August 2015, [[Supreme Court of India]] upheld the High Court verdict.<ref>{{cite web | title = Nitish Katara case: SC upholds conviction of Vikas Yadav, Vishal Yadav |work= The Indian Express | url = http://indianexpress.com/article/cities/delhi/nitish-katara-murder-case-sc-upholds-conviction-of-vikas-vishal-yadav/ |date=18 August 2015| accessdate = 2015-08-20 }}</ref> On 9 October 2015 Supreme Court rejected the appeal filed by the sister of Nitish Katara for death penalty of the Yadav brothers. Hon'ble Supreme Court of India upheld the conviction for 25 years.
 
On 3 October 2016, the Supreme Court of India sentenced Vishal and Vikas Yadav to 25 years in prison. The Delhi High Court had earlier sentenced the convicts to 25 years in jail for the murder, plus five years for destruction of evidence, with both sentences to run consecutively. However, the Supreme Court allowed their sentences to run concurrently rather than consecutively, meaning the Yadavs would spend 25 years behind bars, rather than 30. Additionally, a third convict in the case, Sukhdev Pehalwan, was sentenced to 20 years in jail.<ref>{{Cite web|url=http://timesofindia.indiatimes.com/india/-Nitish-Katara-murder-case-Convicts-Vikas-and-Vishal-Yadav-get-25-years-in-jail/articleshow/54651486.cms|title=Nitish Katara murder: Convicts Vikas, Vishal Yadav get 25 yrs in jail - The Times of India|access-date=2016-10-03}}</ref>
 
==See also==
*[[Murder of Jessica Lal]]
*[[2008 Noida double murder case]]
 
==References==
{{reflist}}
 
{{DEFAULTSORT:Katara, Nitish}}
[[Category:1978 births]]
[[Category:2002 crimes in India]]
[[Category:2002 deaths]]
[[Category:2002 murders in Asia]]
[[Category:2000s murders in India]]
[[Category:Crime in Delhi]]
[[Category:Deaths by beating]]
[[Category:Honor killing victims]]
[[Category:Honour killing in India]]
[[Category:Indian murder victims]]
[[Category:Murder in India]]
[[Category:People murdered in India]]
[[Category:Violence against men in Asia]]

Latest revision as of 00:40, 13 February 2023

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