Jagan Nath of Jagan Hardware and B K jagan and Company, sector 28, Chandigarh lied in court of
law and used her daughter to loot Rs 5 crores from family of Kapil Dev Aggarwal
to save his son from bankruptcy.
Following is part of Public Records contained in Criminal Appeal 713 of 2001 in High Court of New Delhi;
1. That the Jagan nath appeared as witness
in case and While appearing as PW-3 on behalf of the Rajni on 16.3.98 & 4.4.88
he swore to state the truth but however he made various statements in the court
which were false and which he knew to be false to his knowledge. He thus
committed an offense of perjured by deliberately giving false evidence. The
statements which were made by the Jagan nath under oath knowing them to be
false are as reproduced hereunder:-
Jagan Nath Lies 1
Jagan Nath Lies 1
2. "She was not allowed to talk on
telephone with her parents. She cautioned us many times not to have telephonic
talk with her because later on she is being abused and\harassed by the
Me.
PROOF OF FALSITY
It has been stated by the Rajni (Rajni) in her cross examination as
follows: - "After separation of the kitchen my brother in law S.C.Diwan
also gave me telephone connection which was lying unused with them. I got it
affixed in my bed room. After installation of the telephone I was free to use
the telephone in the manner I desired".
It has been proved by RW5 Naresh Kumar Section supervisor Office of
General Manager telephones that telephone bearing No. 691671 of S.C.Diwan was
installed on 6.1.94 which continued right uptil 15.9.95. Jagan nath Jagan Nath
states:-"I was always on talking terms with my daughter"
Jagan Nath Lies 2
3. "I do not know whether the Rajni and Kapil were having separate Kitchen and residence in the house on the first floor since Nov.1993 or not.
3. "I do not know whether the Rajni and Kapil were having separate Kitchen and residence in the house on the first floor since Nov.1993 or not.
PROOF OE FALSITY
Rajni has stated as under on oath: - "It is correct that after
separation of kitchen in October 1993, meal of myself and also of my husband
was cooked separately and that of my in laws separately. On the ground floor
only my parents in law were residing. Since I never interfered, I do not know
who the visitors to them were. Those visitors never met me".
Jagan nath Jagan Nath states:-"I was always on talking terms with
my daughter" Jagan nath Jagan admits letter Exhibit D-17 written by Rajni.
In this letter Dt. 38.12.93 Jagan nath Rajni has stated:-" He (my husband)
says that he has left/separated from his parents because of me, Papa he his
right.
Jagan Nath Lies 3
4. "I do not want to disclose the contents of the cash
etc. recovered at that time (during Income Tax raids) without consulting my
income tax lawyer. Out of the amount so recovered by the department
some of the amount was of Sai Baba Trust which was so stated by me to the
officers.
PROOF OF FALSITY
Statement of Jagan Nath:- "I am devotee of Sai Baba but I am not
member of Sai Baba Trust". The officers repeatedly called for any
independent confirmation from any other member of SAI SAMITI but no
confirmation could be given since Jagan nath had misused the name of LORD for
monetary wrongful personal gain.
Jagan Nath Lies 4
5a. "The Rajni never disclosed or discussed
with me various destinations she was taken by the Kapil for Honeymoon or other
trips. I do not know where Rajni was taken for honeymoon to Kinnour
in May 1993, April 93 to Delhi(Hotel Le-meridian); June 1993 to Missouri, June
1994 to Mashhobara, Dec 1994 to Narkanda; June 1995 to Kasuli, July 1995 to
Simla and Sept;1995 they were booked for hotel Hadimba Palace at
Manali. I do not know for Dec.1995 they were booked fob Andaman and
Nikobar Islands. She did not tell me about the gifts given to her on her
birthdays, marriage Anniversary by the respondent".
5b. "After the marriage my daughter was
unhappy as her in laws house and she used to complain to me that you have
married me in a family which was of low mentality and used to abuse her, beat
her, and were coercing her to bring more dowry"
PROOF OF FALSITY
In para 5b of her replication dt. 7.11.97 Rajni has admitted to having
gone to all the above places with respondent. Statement of Jagan nath Jagan
Nath:- I was always on talking terms with my daughter".
Jagan nath states:- "It is correct that after satisfying myself
with regard to the financial status of the respondent, I arranged this
marriage. I verified about the reputation of the Family with regard to
integrity and behavior and it was informed to me that they have good
reputation".
Contents of para 5a and its admission by Rajni read with para 4 above
automatically prove the contents of above para 5b FALSE.
Jagan Nath Lies 5
6. "I cannot identify the handwriting of my (daughter) Rajni. I do not remember as to how many times I went to meet her after Nov, 1993. I do not remember whether I went alone or accompanied my wife or my son during that period of Nov.1993 to Sept,1995. It is wrong to suggest that there was separate stairs as well from outside the house for going to the first floor in the house of the respondent. I cannot say whether the photograph mark "A" to "F" pertains the house of the respondent". My daughter alone has instructed Mr.Jain his counsel to file the present petition. I never associated with her. It is correct that Mr.V.K.jain, Advocate is practicing at Patiala court. I do not know who drafted the first petition. I never accompanied my daughter to the lawyer. I am not aware as to whether my daughter was having medical problems or not This fact (Her medical treatment) was not disclosed to me by the Rajni. After filing of written statement, I came to know that the Rajni was got treated by the her husband. I did not enquire from the Rajni in this behalf because it is very difficult for a father to inquire. If my wife had inquired I do not know because she never told me".
6. "I cannot identify the handwriting of my (daughter) Rajni. I do not remember as to how many times I went to meet her after Nov, 1993. I do not remember whether I went alone or accompanied my wife or my son during that period of Nov.1993 to Sept,1995. It is wrong to suggest that there was separate stairs as well from outside the house for going to the first floor in the house of the respondent. I cannot say whether the photograph mark "A" to "F" pertains the house of the respondent". My daughter alone has instructed Mr.Jain his counsel to file the present petition. I never associated with her. It is correct that Mr.V.K.jain, Advocate is practicing at Patiala court. I do not know who drafted the first petition. I never accompanied my daughter to the lawyer. I am not aware as to whether my daughter was having medical problems or not This fact (Her medical treatment) was not disclosed to me by the Rajni. After filing of written statement, I came to know that the Rajni was got treated by the her husband. I did not enquire from the Rajni in this behalf because it is very difficult for a father to inquire. If my wife had inquired I do not know because she never told me".
PROOF OF FALSITY
Rajni admittedly is the daughter of the witness. Jagan Nath
states:-"I was always on talking terms with my daughter. It is wrong to
suggest that I and my wife never treated the Rajni with love and
affection". It is not possible for any father that he does not know the
medical problems of her daughter as every week she used to be in Hospital for
one operation or another and none from her family ever accompanied her. The
above statements are false on their face.
Jagan Nath Lies 6
7. "It is correct that my wife Murti Devi is operating a
locker in Harco bank Chandigarh and another in State Bank
of India at Panchkula. I do not know that the locker at Panchkula
was taken by my wife in the name of my daughter Anuradha. It
is correct that the locker number in the name of my wife in Harco Bank is
number 13. I cannot tell the date or period since when she is having
this locker. I cannot admit or deny that The locker is in operation
for the last 20 years".
PROOF OF FALSITY
Murti devi is admittedly the only wife of Jagan nath.
Jagan Nath Lies 7
8. She (Rajni) was not being provided with enough food, clothing.
8. She (Rajni) was not being provided with enough food, clothing.
PROOF OF FALSITY
Statement of Jagan Nath "Even after the complaint of food and
clothing by the Rajni, I did not enquire from her about income of
respondent. I was always on talking terms with my daughter. Rajni
did not tell me that after marriage her husband had three telephones and one
fax machine. It has been proved by RW 8 Sh. S.M. Sharma officer Bank of
Rajasthan that Cheque No. 711452 was drawn by her husband from his bank account
on M/s Nippy Jeweler for a sum of Rs, 9800/- which was en cashed through Bank
clearing Cheque being Account payee Cheque. Statement of Bank account is Ex.D31
and copy of cheque of Dx. D32. Another witness RW 10 Sh.
Ranbir Singh Officer Punjab National Bann Sector 37 has proved cheque issued on
name of Sham Sunder Kapoor (Proprietor Nippy Jeweler) Ex.D36. This cheque was
encash by RW17 Rahul Kumar helper Nippy Jeweler who has proved his signatures
on the cheque as Ex.D44. This cheque was for a sum of Rs, 12,000/-. Copy of the
bill is Exhibit D-45.
Jagan Nath Lies 8
9. After one year of the marriage the father-in-law of the "Rajni present in the court used to call her as a "Kamini" and "Banj".
9. After one year of the marriage the father-in-law of the "Rajni present in the court used to call her as a "Kamini" and "Banj".
PROOF OF FALSITY
Rajni never alleges that she was called "kamini". Rajni admits
that she was living separately from her in-laws after 2 months of marriage.
Jagan Nath Lies 9
12. My son is under graduate. I cannot say whether he studied in college or school but it was upto 12th standard. I cannot tell whether he failed or not in any class.
12. My son is under graduate. I cannot say whether he studied in college or school but it was upto 12th standard. I cannot tell whether he failed or not in any class.
PROOF OF FALSITY
Gopal is admittedly the only son of Jagan nath.
Jagan Nath Lies 10
13. The Rajni was working with S.C. dewan, chartered Accountant. I cannot say whether she worked before separation or after separation.
13. The Rajni was working with S.C. dewan, chartered Accountant. I cannot say whether she worked before separation or after separation.
PROOF OF FALSITY
Admittedly Rajni after separation is living with Jagan Nath.
Jagan Nath Lies 11
14. "I do not remember at the moment for
the last 8 years whether I have any shares in that Jagan Nath Brij Kumar Pvt.
Limited; I am director in that company till today".
PROOF OF FALSITY
As per the records maintained in the office of Registrar of Companies
only sh. Raj Singal and father of Raj Singal are the directors of Jagan Brij
Pvt. Limited;
Jagan Nath Lies 12
15. "I do not remember whether the children of Anuradha from second marriage were born in Deep Nursing Home. I do not know whether the children of Pardeep were born at A.G Clinic and nursing home at sector 28, Chandigarh."
15. "I do not remember whether the children of Anuradha from second marriage were born in Deep Nursing Home. I do not know whether the children of Pardeep were born at A.G Clinic and nursing home at sector 28, Chandigarh."
PROOF OF FALSITY
Admittedly Anuradha is the daughter of Jagan nath Jagan whose child was
born at Deep Nursing Home on 1992-93. Pardeep is partner of Jagan nath
Jagan/his wife Murti whose child was born at A.G. clinic. Jagan Nath passes
through the front of A.G. clinic everyday when he goes to his shop in sec.
28.
Jagan Nath Lies 13
16. "It is wrong to suggest that I and my wife never treated the Rajni with love and affection."
16. "It is wrong to suggest that I and my wife never treated the Rajni with love and affection."
PROOF OF FALSITY
Jagan nath states:- "I did not make any effort for her higher
studies after separation till date. This fact (Her medical treatment) was not
disclosed to me by the Rajni. After filing of written statement, I
came to know that the Rajni was got treated by her husband. I did
not inquire from the Rajni in this behalf because it is very difficult for a
father to inquire. If my wife had inquired I do not know because she
never told me".
Rajni admits-"Only my husband accompanied me whenever I went to the
Doctor for treatment with regard to fertility. The expenses in that regard were
also met by my husband."
Jagan Nath Lies 14
17. It is further wrong to suggest
that the present petition has been filed at my instance as I do not want Rajni
to settle. It is further wrong to suggest that I have sold off the
jewellery given by the respondents and his parents to the Rajni have also been
sold off by me. It is further wrong to suggest that I and my wife
always interfered in the married life of the Rajni. It is further
wrong to suggest that I have misappropriate the income of the and ancestral gold
worth 30.00 lacs of her husband and his parents.
Proof of falsity of entire statements by testimonies of independent witnesses.
Testimony of Late Sh.B.L.Premi, Assistant Branch
Manager, PNB Sector 37, Chandigarh.
Testimony of Dr.Inderjit Dewan. Prof. Emeritus.
Testimony of Sh.S.K.Mishra.
Testimony of Sh.Pavitar Kumar.
What happened in Appeal.
Kapil Dev Aggarwal
