2016 Yogesh Goudar Murder Case: CBI Tells Karnataka High Court Dharwad Trial Was 'Hogwash', Witnesses Were Tutored By Ex-MLA Vinay Kulkarni

The CBI told the Karnataka High Court on Tuesday that former Congress MLA Vinay Kulkarni, while challenging his conviction and life sentence in 2016 murder of BJP Zilla Panchayat member Yogesh Goudar, cannot rely on evidence placed before the Dharwad trial court as that trial was 'hogwash' in which witnesses were tutored by Kulkarni.The court was hearing criminal appeals filed by former Congress MLA Vinay Kulkarni and other convicts challenging the order of the Special MP/MLA court at Bengaluru convicting them for murder of Goudar.The initial investigation by Dharwad Police resulted in a chargesheet against Accused 1 to 6. The matter went up for trial before Dharwad Sessions Court. Kulkarni had earlier argued that 62 witnesses were examined, but not a single witness supported the prosecution. The case was subsequently transferred to the special court for cases against MPs/MLAs. Kulkarni had claimed that 61 witnesses were recalled and examined afresh by the CBI after the case was transferred to it in 2019. Out of the seven eye witnesses, six have turned hostile after the case was transferred to the Special Court for MP/MLA cases Bengaluru from Sessions Court Dharwad. Kulkarni has claimed the prosecution's eye witness in the case had deposed earlier before the Dharwad Court that she was not present at the place of incident. A Division Bench of Justice Mohammad Nawaz and Justice G Basavaraja had admitted the matter earlier today, followed by arguments for the CBI represented by Additional Solicitor General S V Raju in the afternoon.ASG Raju submitted that there was ample evidence to sustain the conviction.“..The trial at Dharwad was a hogwash. The trial was manipulated by accused no. 15 Ex-MLA. And they want us to rely on the evidence of a trial which was tampered with and witnesses tutored”, the counsel said as a reference to PW30-eye witness turning hostile at the trial before Dharwad.Refuting Kulkarni's contention that PW30 Lakshmi Bennegatti was not present at the time of occurrence as originally deposed by her in front of the Dharwad court years before the matter was transferred to the Special Court, ASG SV Raju submitted:“…Before the Dharwad Court, PW30 was tutored…Imagine a very powerful politician with manpower, money power and influence…. Police officer calling the witness, telling them and saying some lawyer will tutor her. How threatened will she be, a poor lady, who is asked to do such things at the instance of Vinay Kulkarni?”For context, PW30 Lakshmi had turned hostile during the proceedings before the Dharwad Court. However, before the Special MP/MLA Court, PW30 was the sole eye witness who supported the prosecution evidence.The ASG further told the Court that after being confronted with CCTV footage from the site, she had admitted she was there and identified herself.“…. An MLA, a minister with police in his pocket…. police calls, takes the witness, lawyer comes, tutors her, what should a witness do?”, ASG S V Raju said about why PW30 could have turned hostile at the Dharwad Trial earlier.CCTV Footage & Role of A7-A14Addressing the CCTV footage, the ASG submitted that the footage clearly showed the presence of accused at the scene. On the role of A7-A14 assailants allegedly hired by the Ex-MLA to commit the murder, ASG further added:“…Approver's case is Vinay Kulkarni wanted him [Yogesh Goudar] to be murdered. Of course, approver is not eye witness. But CCTV footage shows near the place of occurrence, A7-A14 were there. There is sufficient evidence to say murder has been done by A7-A14. CCTV footage and weapons are also available. Prosecution Witnesses also identify it. Today I am only showing the judgment is correct”, ASG underscored.“…He [Approver Basavaraja Shivappa- PW10] knows them [A7-A14] …because he engaged them to commit the murder at the behest of A15[Kulkarni] and therefore he identifies them and then in the court he identifies. A7-A14 all have been identified. Even some have been identified in the Test identification parade. It may not be substantive evidence but its corroborative. It is not as if there is nobody in the CCTV footage as far as A7-A14 is concerned around the time of incident…nearby the place of incident”, ASG S V Raju further said.About the identification, the ASG submitted that the fact that the accused A7-A14 were seen in the CCTV footage, coupled with corroboration by witnesses, would 'nail' the case as far as A7 - A14 are concerned.After hearing the matter for some time, the court posted the matter for further arguments by CBI on Wednesday. ContextYogesh Goudar, a zilla panchayat member of the BJP from Hebballi constituency, was murdered by an armed gang at his gym in Saptapur in Dharwad in 2016. An FIR was registered with the Dharwad Sub-Urban Police Station at the instance of the deceased's wife. The Dharwad Police subsequent to his murder arrested six persons and charge sheeted them for murder. The probe was later transferred to CBI.For context, on April 16,...

2016 Yogesh Goudar Murder Case: CBI Tells Karnataka High Court Dharwad Trial Was 'Hogwash', Witnesses Were Tutored By Ex-MLA Vinay Kulkarni

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2016 Yogesh Goudar Murder Case: CBI Tells Karnataka High Court Dharwad Trial Was 'Hogwash', Witnesses Were Tutored By Ex-MLA Vinay Kulkarni

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