Vikas, Vishal held guilty in Katara murder

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New Delhi: The Patiala House Court on Wednesday pronounced Vikas Yadav and Vishal Yadav guilty for the kidnapping and murder of Nitish Katara six years ago.

They have also been declared guilty of destruction of evidence.

The court is likely to pronounce quantum of sentence — which may range from life term to death penalty — on May 30.

The court rejected a plea of Vikas that the pronouncement of verdict be stayed as the Delhi High Court is likely to hear his application seeking stay on trial court proceedings on the grounds that the trial court proceedings have not been stayed.

The judge, Justice Ravindra Kaur, had asked the defence counsel — G K Bharti — as to whether the High Court had stayed the proceedings in this court.

When Bharti replied in the negative, Justice Kaur straight away pronounced the verdict, saying: "I hold Vikas Yadav and Vishal Yadav guilty under Section 302, 364, 201 and 34 of the IPC."

Vikas had on Tuesday moved the High Court after the Additional Sessions Judge dismissed his fresh application seeking to re-examine key witness Ajay Katara and others in the light of a CD, allegedly pointing towards a nexus between the witness and Nitish's mother, Neelam Katara, who is the complainant in the case.

The High Court was to hear the matter on Wednesday.

Reacting sharply to the turn of events, Vikas Yadav's father, D P Yadav said that the judgement seemed one-sided.

Counsel for Vikas Yadav, G K Bharti added, "It seems that the trial court has given this verdict under some pressures from some quarter."

The other cousel for Vikas Yadav, K N Balgopal — who was on his way to the court to meet his client — said, "The case is based on circumstantial evidence, as far as the final order is concerned, we will file an appeal in the High Court."

"The prosecution hasn't changed as far as Bharti Yadav is concerned she never said that her brothers are responsible for this offence. She has not committed any offence by being friendly with Nitish Katara, She only accepted the relationship. Whatever claim we have to make we'll make it in the High Court," he added.

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"I find both the accussed guilty. Prosecution will demand maximum sentence. As far as Nitish Katara slipping into comma before being burnt is concerened there is no such mention in the report about him slipping into comma. Bharti Yadav's statement confirmend there is a motive to the crime."
— B S Joon, Public Prosecutor

"Even though my son and husband aren't here with me today, we are still together as a family. I have made new friends in this long battale who have supported me and so I don't think that I am alone in my fight. Nitish was someone who was ready to raise his voice for anyone and I'm not scared neither have I taught my children to be scared of anyone. It only mattered to me to take the case forward regardless of who I was fighting, or how powerful he was."
— Neelam Katara, Nitish Katara's mother

"I am grateful to God and to my countrymen for being with me during these testing times. There was a firm conviction that we'll get the verdict today. I would say that justice has prevailed for a boy who believed in truth and justice. It's been a six-year-long battle and I don't remember what I used to be before this."
— Neelam Katara, Nitish Katara's mother

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Nitish Katara, son of an IAS officer, was allegedly killed by Vikas and his cousin Vishal Yadav on the intervening night of February 16-17, 2002.

They had allegedly abducted the victim from a marriage function in Ghaziabad. His body was later recovered from a village in Uttar Pradesh’s Bulandshahr District.

According to the prosecution, Katara, a business executive, was killed by the accused, as they did not approve of their sister, Bharti Yadav’s growing proximity with him.

Earlier, the prosecution had produced evidence of Ajay Katara having seen the accused taking Nitish to their car on the fateful night near Hapur Chungi in Ghaziabad.

The accused contended that the chain of events in the case remained incomplete as none of the prosecution witnesses had either supported the abduction or identified the main accused.

Ajay Katara’s testimony was also challenged on the premise that the police recorded his statement over 20 days after the crime.

NITISH KATARA MURDER: THE CASE SO FAR
February 16-17, 2002: Nitish Katara was allegedly murdered by Vikas and Vishal Yadav, after being abducted from a marriage party in Ghaziabad during the night. Nitish was killed for his alleged affair with Vikas’s sister Bharati. Bharati Yadav, who was listed as prime witness by the persecution left for London soon after.
February 20, 2002: The body of Nitish Katara was discovered from village Khurja in Bulandshahr.
March 11, 2002: The Tata Safari used in the murder was recovered from G T Road, Karnal.
March 31, 2002: UP police filed a four page chargesheet.
April 23, 2002: Both the accused Vikas and Vishal Yadav were arrested from Madhya Pradesh.
November 23, 2002: Charges were framed against the three accused. A separate trial was started against a third accused in the case, Sukhdev Pehlwan, who was arrested in 2005. The trial in Sukhdev's case is at the stage of prosecution evidence.
August 23, 2002: The Supreme Court directed transfer of the Nitish Katara murder case from a Ghaziabad sessions court to a competent court of the same jurisdiction in Delhi.
November 25, 2006: Prime witness Bharti Yadav returns to India. The prosecution had wrapped up their final arguments in the case in December 2007.
April 2, 2008: Trial court begins hearing the Nitish Katara murder case on a day-to-day basis.
April 23, 2008: The trial in the Nitish Katara murder case came to an end.