
Gaya, Dec. 13: Two more eyewitnesses turned hostile today while deposing in the trial pertaining to the murder of Aditya Sachdeva, allegedly killed by Rocky Yadav in a fit of road rage.
With this, all the four eye-witnesses in the road rage incident have turned hostile.
Today, Kaifi and Ankit failed to recognise Rakesh Ranjan Yadav better known as Rocky, the main accused in the case. Earlier, Nassir Hussain and Ayush Agarwal had turned hostile during witness trial on November 30.
All these boys were travelling in the same vehicle with Aditya and had been witness to the road rage incident in which Aditya was killed allegedly by Rocky.
The eye-witnesses have admitted being with Aditya in the car on May 7, the day the Class XII student was shot on the Bodhgaya-Gaya road behind the central jail.
In their statements, the eye-witnesses have failed to recall the registration number of the vehicle in which Rocky was travelling. They also failed to identify the alleged killer and the reason behind the crime as well.
The witness trial is going on in the court of additional district and sessions judge-IX (ADJ-IX) Suresh Prasad Mishra. Altogether, 31 witnesses, including the four boys, have to be examined during trial of the case.
The FIR in the murder was lodged with Rampur police station on the basis of the statement of the four eye-witnesses. Their statement was also recorded under Section 164 before a magistrate.
However, a statement made before police or the magistrate cannot be treated as substantive or direct evidence in a case, defence lawyer Qaiser Sarfuddin told The Telegraph. A statement under Section 164 is recorded just for contradiction and corroboration, he claimed.
Public prosecutor SDN Singh though said that apart from the statements of eye-witnesses, there is ample circumstantial evidence, the forensic science laboratory (FSL) report, scientific inputs, recovery of Rocky's pistol as murder weapon, vehicle and other evidence to substantiate the allegations against the accused persons.
Rocky, the son of suspended JDU MLC Manorama Devi and RJD strongman Bindi Yadav, is accused of killing Aditya in a burst of rage triggered by the denial of right of way.
Three others - Bindi Yadav, Rocky's cousin Teni Yadav and Manorama's bodyguard Rajesh Kumar - have also been named accused in this case.
Charges have been framed against all the four in the court under different sections that deal with murder, attempt to murder, concealing facts, furnishing false information, a public servant disobeying direction of law with intent to save person from punishment, arms act and others. All the four accused were present in the court today for identification process.
The most incriminating evidence against Rocky was the report of the forensic science laboratory, which established that the bullet that hit the slain boy was fired from the Beretta pistol owned by Rocky. Gaya senior superintendent of police Garima Malik had also confirmed it at her news meet soon after the arrest of Rocky from Gaya on May 10.
On October 28, the Supreme Court cancelled the bail granted by Patna High Court to Rocky.
According to the Bihar government, which had appealed against the bail granted on October 19, Rocky allegedly shot Aditya dead "because he could not tolerate a small Swift car overtaking his big and imported Land Rover".
A Supreme Court bench of Justice S.A. Bobde and Justice Ashok Bhushan cancelled the bail after going through forensic records and other documents placed before it by Bihar government counsels Gopal Singh and Manish Kumar.
The state, which sought cancellation of the bail, told the bench that ballistic reports and other evidence clearly established that the cartridge recovered from Aditya's skull had been shot from a silver-coloured pistol recovered from the personal possession of Rocky, who also owned it.
The Bihar government had challenged the bail granted to Rocky on the ground that public confidence in the criminal justice system would be lost if he is out on bail. In its appeal, the Nitish Kumar government had said that Rocky's mother Manorama Devi was a sitting MLC who is herself facing criminal prosecution. Even Rocky's father Bindi Yadav had several criminal cases against him and "intoxicated with an assumed sense of power and clout, he shot dead a young boy on the highway..."