Documente Academic
Documente Profesional
Documente Cultură
Registered on
Decided on
Duration
:-10.02.2005.
:- 10.02.2005.
:- 26.05.2009.
:- Yrs. Ms. Ds.
04 03 16.
IN THE COURT OF ADDITIONAL SESSIONS JUDGE, SINDHUDURG.
At :- OROS.
(PRESIDED OVER :- BY SHRI. J. N. SHANBHAG.)
SESSIONS CASE No. 5/2005.
Exh. No. 22
The State of Maharashtra/ThroughMadhav Prabhakar PrabhuKhanolkar, Dy. S.P., S.D.P.O.
Office, Kankavali,
)
)......... Complainant.
)
)
)
.. 2 ..
-:_JUDGMENT -:(Delivered on 26th May 2009.)
01.
The accused herein have been charged for the offence punishable
under sections 120-B, 364A, 302, 394, 397, 404, 201, 212, 115, 202 read with 34
of I. P. C. and under section 3, 5, 6 read with 25 of Arms Act for having induced
the persons by giving
special science, charms, spells and spiritual power by taking them from Mumbai
to Nandos, infurtherance of their criminal conspiracy by abducting Vijaysinh
Dudhe, Dadasaheb Chavan, Sanjay Gavare and Bala Pisal, and by robbing cash
worth of Rs. 3,00,000/- and from them and causing their murder by deadly
weapons like guns, Sword, revolvers, rods and making an attempt to disappear by
disposing off the dead bodies into unaccessible places by destroying the evidence
of their identity and by concealing unauthorized guns used in the offence. Further
the accused No. 7 has also been charged for harbouring the accused Nos. 1 to 3
and 5 and assisting them in disposing off the weapons used in the crime.
02.
The case of the prosecution can be summarized, in short, as under :Victims-Vijaysinha Dudhe, Dadasaheb Chavan, Sanjay Gavare and
Vinayak Pisal were resident of Mumbai and Pune. They were dealing in business
or as an Estate Agent. On the other hand, the accused No. 1 was maintaining an
auto rickshaw and plying the same within the presincts of Borivali. The accused
No. 2 was working as L. I. C. agent. Accused No. 3 was serving in private institute.
Accused No. 4 is an agriculturist from Nandos.
rationing shop. The accused No. 7-Suryakant is also resident of Nandos and an
agriculturist. Accused No. 1 is son of sister of accused No. 7. The accused No. 1
was brought up by accused No. 7 since the mother of accused No. 1 was lunatic
and father was maintaining somehow by doing labour. Satish, the other maternal
uncle of accused No. 1, shifted accused No. 1 to Mumbai so as to secure somework
as at village Nandos, the accused No. 1 was doing agriculture and grazing cattle
with his maternal uncle-accused No. 7. All victims came in contact with accused
Nos. 1 to 3. The victims were in financial straits. It is alleged that the accused
Nos. 1 to 3 induced them with the assurance that the money invested by them will
be multiplied in many folds with the assistance of accused No.1 as accused No. 1
is holding spiritual powers, charms and spells. Time and again, they induced the
victims to collect funds and accordingly, the victims collected near about 3,
00,000/- and informed the said fact to accused Nos. 1 to 3.
.. 3 ..
03.
letters and phone calls that the dead bodies of unknown persons are lying in the
hillock of Nandos as well in the adjoining agricultural fields.
The S. P.,
While
taking search, the Police Officers and villagers found seven dead bodies scattered
here and there and after taking further search, they also recovered two more
bodies on the next day. One of the I. O. and Dy. S. P.-Prabhu Khanolkar lodged F.
I. R. in respect to killings of victims-Vijaysinha Dudhe, Dadasaheb Chavan, Sanjay
Gavare, and Vinayak Pisal and said crime No.24 of 04 was registered. Accordingly,
S.P., Sindhudurg, entrusted the investigation of the case to Dy. S. P.-Prabhu
Khanolkar. The investigating agency then drawn the panchanama of inquest of all
the bodies on the spot and for the purpose of identification, in the inquest
panchanama on the top, numbers were given to the dead bodies as D. B 1 to D. B.
7, 8 and 9 etc.. The search of the plateau was taken in presence of pancha
witnesses and during the search, the brown pant's hooks, blood stained diary,
broken brief case and such other articles, were found.
04.
The dead bodies were brought to Oros Hospital for the purpose of post
mortem. The Civil Surgeon directed all Medical Officers to perform autopsy on a
body. The dead bodies were in decomposed, mummified and most of them, were
in skeleton form. Even the skulls and other parts of the bodies of some of the
skeletons, were separated.
autopsy but could not record their opinion and preferred to preserve the viscera of
the dead bodies and expressed to refer bodies for Forensic chemical test and
hence, the dead bodies were proposed to be referred to Miraj Medical College for
forensic examination and for taking further steps. In Miraj Medical College, Dean
of the College, on considering the gravity of the case, formed committee of the
Medical Officers headed by Dr. Jinturkar and after conducting the procedure of
maceration to clean the skeletons by keeping them in separate drums, performed
autopsy with the help of experts and recorded the opinion in respect to cause of
the death. During this period, wide publicity was given and with the help of diary
found on the plateau, the relatives and friends of victims were called in order to
identify the dead bodies. The information of missing persons was also collected
from Marahrastra State. The relatives and friends identified the dead bodies on the
.. 4 ..
basis of clothes, and other reminance found on the dead body. Later on, with the
help of Miraj Medical College, Miraj, some of the organs of the dead bodies were
referred to C.D.F.D., Hyderabad for D.N.A. tests. At the same time,the
Investigating Agency also referred the skulls of some of the victims to the Forensic
Laboratory, Kalina, for the purpose of superimposition test. During the course of
investigation, it was transpired that a Mali family of Washi, and one Dudhe from
Wai, Badalapur while Dada Chavan from District Pune, were missing and the
reports of missing, were registered with the Police Station, Badalapur, Washi and
Wai and concerned Police Stations, held some persons for the purpose of enquiry
and the accused No. 1 was amongst them.
05.
During
the course
of investigation,
the
investigating
authority
contacted the relatives of the deceased and it was transpired that the accused Nos.
1 to 3 had contacted them or their relations. Hence, accused No. 1 was taken in
custody for the purpose of enquiry when he had been to Humarmala Domblewadi,
Tal.-Kudal, on account of death of his father and after making enquiry, accused
Nos. 2 to 7 came to be arrested.
voluntary disclosure and on the basis of those disclosures, the mobile phones, iron
rods, swords cut parts of guns, one muzzle loader gun, and other incriminating
material used in the crime, came to be seized by drawing panchanamas.
The
seized articles were also referred to the Chemical Analyst. The ornamental gold,
Wrist Watch, etc. belonging to victims was also recovered from the accused on the
basis of voluntary disclosures made by them. The samples of blood of the relations
of the victims, were collected and sent to C. D. F. D., Hyderabad, for the purpose
of D. N. A. tests.
those accounts. During the course of investigation,it was transpired that the
victims were brought from Bombay and they were kept in the lodges at Kankavali
and/or Malwan and therefrom they were taken to the plateau of Nandos by auto
rickshaw where they were slain. Hence, the relevant registers from those lodges
came to be seized.
06.
.. 5 ..
writing of accused No. 2 was taken since the accused No. 2 was entrusted with the
work to bring the victims upto Kankavali or Malavan and to keep them in the
Lodges before they are taken to the plateau of Nandos. The specimen handwriting
and signature of accused No. 2-Amit was taken and was also referred to the
Handwriting Expert. During the course of investigation, the panchanama of - spot of offence, panchanamas of the spots wherefrom the articles recovered, the
panchanama of house search, seizure and panchanama of arrest of all accused,
also came to be drawn in presence of pancha witnesses. After acquiring reports
from all Experts and collecting sufficient material, it was transpired that the
accused in prosecution of their common object, by forming conspiracy, committed
robbery coupled with murders and thus committed 10 serial murders and the
present victims Dada Chavan, Sanjay Gavare, Bala Pisal, and Vijaysinha Dudhe
were murdered on 30.10.2003
Accused No. 1 was provided legal aid whereas rest of the accused,
From the evidence on record, the following points have been framed for
determination. The points and findings thereon are as under :-:- Findings -:-
)
)
)
)
)
)
)........ Proved.
.. 6 ..
-blished that the accused in pursuance of )
said conspiracy, abducted Vijaysinh Dudhe)
)
)
)
)
)
)
)
)........ Proved.
)
)
)
)........ Proved.
.. 7 ..
-:- R E A S O N S. -:-:- Point Nos. 1 to 10 -:09.
chargesheets have been submitted as Sessions Case No. 3/05, 4/05, and 5/05, at
the time of hearing, the evidence has been led in Sessions Case No. 3/05. In order
to sustain the conviction against the accused, the prosecution has examined in all
128 witnesses as well as referred and proved series of documents. There is no eye
witness to witness the
So,
naturally the entire case of the prosecution has been founded on circumstantial
evidence. It is needless to state that as has been laid down in the case of Jaharlal
Das Vs. State of Orissa Vol. 6, 1991(2) Crimes, 268), it is well settled that the
circumstantial evidence in order to sustain the conviction, must satisfy three
conditions:- (i) The circumstances from which the inference of guilt is sought to be
proved, must be cogently, firmly established;(ii) those circumstances should be of
definite tendency unearringly pointing towards guilt of the accused; (iii) the
circumstances taken cumulatively
there is no escape from the conclusion that within all human capability the crime
was committed by the accused and none else, and it should also be incapable of
explanation on any other hypothesis than that of guilt of the accused.
10.
In the light of aforesaid settled principles, the entire evidence led by the
Bank
Officers
and
experts
on
the
subject
of
DNA,
.. 8 ..
one family and the rest are from different families. On behalf of the prosecution, it
is submitted that the greed of easy money, has ultimately taken tole of 10 victims
on one hand and greed of easy money was again the factor which ultimately
compelled the accused to commit the crime.
circumstances, the prosecution has relied upon the motive, modus, the evidence of
last seen as well as the prosecution has also examined the close relatives of the
accused in order to throw light on the conduct of the accused in commission of the
crime and as one of the circumstances, the prosecution has also placed reliance
on the acquisitions made by the accused out of wrongful gains. In order to prove
the aforesaid fact, the prosecution has placed on record the evidence of purchasing
of motor bikes, Sumo four wheeler and depositing the amounts into the bank by
the accused either in their names or in the names of their close relations.
12.
Middle Class strata. The accused No. 1 studied upto 4th standard, failed in 5th
standard and thereafter he was taking cattle for grazing belonging to his maternal
uncle-accused No. 7.
attacks of epilepsy whereas the father was agricultural labour. Thus, on account
of their poverty, the accused No. 1-Santosh and his brother-Sachin, PW-5, were
brought by accused No. 7 to his house for maintenance and education. Accused
No. 1 was studying in the School upto 5th standard and thereafter on account of
his failure to pass the 5th standard, he started taking cattle of his maternal uncle
for grazing. PW-5-Sachin,the younger brother of accused No. 1, studied upto 9th
standard and thereafter he acquired the technique to drive the auto rickshaw and
started to drive the auto rickshaw at and within the local limits of Nandos. The
accused No. 1 was taken to Mumbai by his another maternal uncle-Satish, the
prosecution witness with a view to provide some job.
training to accused No. 1 to drive the auto rickshaw. The accused No. 1 then
started taking auto rickshaw on hire and plying auto rickshaw and earning some
amount by the end of the day. The accused No. 1 then married Sujata More. Her
father was the Police Head Constable. Sujata More's elder sister is wife of Satish,
maternal uncle of A-1.
13.
Accused No. 2 also hails from Middle Class family. He was working as
L. I. C. agent. His earning was even not sufficient to maintain himself. Accused
No. 3-Yogesh was also serving in private institute.
.. 9 ..
14.
Now it is the case of the prosecution that the accused No. 1 is the
conspiracy to acquire easy money by defrauding the people. Accused Nos. 2 and 3
were canvassing that accused No. 1 is possessing charms and spells and has
spiritual power and he has the power to shower money by scientific method or by
spiritual power. Thus initially the accused Nos. 1 to 3 were defrauding the people
and earning money by practicing fraud upon them. According to the prosecution,
this fraud gone beyond the control of the accused and the people not only
suspected but started chasing them for recovery of money. Hence, accused 1 to 3
changed their modus operandi.
15.
asking the victims to take gunny bags right from Bombay so that the multiplied
money can easily be taken to Bombay and the villagers of Nandos shall not
suspect the victims.
inducing the persons with the assurances of multiplying money. They were asking
the victims to bring money and on satisfaction that the victim has collected
sufficient funds, they were taken from Mumbai to Kankavali or Malwan.
The
victims were then kept in Lodge and from the Lodge, the victims were taken by an
auto rickshaw near the hillock of Nandos plateau and therefrom the victims were
taken on the foot to the hill and under the garb of pooja and worshipping, the
victims were slain by robbing their money and the dead bodies of the victims were
filled in the jute bags brought by them and the bags were then thrown into the
valley. Thus, according to the prosecution, this was the modus operandi and in
order to achieve the aforesaid object, all the times, accused Nos. 1 to 3 were
visiting the house of accused No. 7 since it was situated close to the Gadhi
situated at the hillock of Nandos plateau.
16.
The prosecution has claimed that the accused No. 7 was knowing or
had a reason to believe that accused No. 1 to 3 were indulged and involved in
committing the crime; yet he provided his muzzle loader gun and harboured them
in his house from time to time. As against that, according to the prosecution, the
accused No. 4 provided his muzzle loader gun to the accused Nos. 1 to 3 and
thereby assisted them in committing crime and thus he was also part of the
conspiracy hatched by the accused 1 to 3. Finally it has been established from the
.. 10 ..
evidence on record that accused Nos. 4 and 7 had no actual participation in the
crime. Even it is not a case of prosecution that by the commission of crime of
accused 1 to 3, the accused 4 and 7 wrongfully gained something.
With this
backdrop, it is to be noted that it has been established from the facts on record,
the accused No. 7-Suryakant was suffering from illness of attacks of epilepsy and
fits. His eye-sight was weak. His speech was incoherent. He had no source of
income than small paddy plots and on account of physical disability, he was not in
a position to serve and as such, he was residing in the village whereas his three
brothers were serving in Mumbai and transmitting money orders to accused No. 7.
Finally it is also to be noted that PW-4-Smita, the wife of accused 7, was the
second wife of accused 7 and even prior to her marriage, she had relations with
the family of accused 7 in as much as accused 7, the husband of Smita was son of
sister of her father.
17.
dead bodies were found scattered and thrown here and there either openly or
partly in jute bag on the plateau of Nandos. Hence, the police authorities rushed
to the plateau. Initially panchanama of inquest of 7 bodies were drawn. On the
next day, the panchanamas of inquest of two dead bodies were drawn whereas last
body was exhumed which was already burried in the Hindu cremation ground of
Salel Nangarbhat. As police could not detect the identification of the said dead
body, the dead body was burried as unknown dead body.
investigation it was transpired that the body burried at Salel Nangarbhat was also
one of the victim of the present accused and hence, his body was exhumed and
the post mortem of DB No. 10 was conducted at Miraj Medical College for the
purpose of report and at the same time, some material bones were taken and they
were sent to C.D.F.D., Hyderabad for D.N.A.test alongwith sample of blood of close
relations . The evidence on record warrant that initially the samples of bones of 10
bodies were sent to C.D.F.D.,Hyderabad and since some of the bones sent were
found unsuitable for the purpose of D.N.A. analysis, additional bones of six femur
of unknown body Nos. 2, 3, 4, 5, 7, and 10 were sent to C.D.F.D., Hyderabad.
Thus C.D.F.D. conducted D.N.A. analysis and finally could record its positive
opinion in respect to DB Nos. 1, 2, 6, 7, 8, 9, only. It is also otherwise proved fact
that three skulls of DB Nos. 3, 4, and 5 were referred to F. S. L., Mumbai for
superimposition test and the expert submitted positive report in respect to the
skulls of DB Nos. 3, 4, and 5.
.. 11 ..
20.12, they noticed 7 bodies during the twilight and hence, right from 21.12.,the
work of drawing panchanama of spot of offence, panchanama of inquest started
and at the relevant time since there were 7 bodies, the Investigating agency for the
sake of convenience, started noting body No. at the right top corner of the first
page of inquest panchanama instead of referring the said fact in the inquest
panchanama. Further it is the case of the prosecution that at the same time the
labels were prepared and either they were tagged to the body or the cloth present
on the dead body indicating the body No. and since then, the dead bodies were
identified as DB-1 to DB-9.
Surgeon, Oros, and Civil Surgeon, Oros, directed all the Medical Officers to
conduct autopsy on one dead body each.
19.
After considering the fact that there is no ocular evidence and the
entire case has been founded on circumstantial evidence. It is but natural that the
evidence led by the prosecution needs to be scanned carefully and the burden is
on the prosecution to establish that :(i) The unknown dead bodies died off culpable homicide amounting to
murder ;
(ii) The unknown dead bodies were the very victims as alleged by the
prosecution;
(iii) The victims were murdered by the accused and none else ;
Once aforesaid factors are established, then the cause of the murder is
to be ascertained in the light of aforesaid guidelines.
20.
dead body Nos. 1 to 7 were shifted to Miraj Medical College. Whether it was on
22.12. or 23.12. But on considering the clarification made by PSI-Yadav it is clear
that all doubts raised in that behalf have been set at rest. Here it is to be noted
from the perusal of the statement of PSI-Yadav under whose leadership, the body
Nos. 1 to 7 were shifted from Oros to Miraj Medical College, has cleared the fact
that for want of van, the bodies could not be shifted to Oros on 22.12. and
accordingly, the bodies were taken to Miraj Medical College on 23.12.. Thus it will
.. 12 ..
find that there is conflict between the statements of constables on one hand and
PSI Yadav on the other but after considering the entry present in the Station Diary
on one hand and considering the statement of Dr. Jinturkar, it has been proved to
the satisfaction of the Court that PSI Yadav reach Miraj Medical College, Miraj on
23.12. and for want of certain clarifications the bodies were not accepted by the
Medical Officers and after receipt of phone call from S. P., Sindhudurg, the dead
body Nos. 1 to 7 were accepted on the dawn of 24.12.. It is established from the
facts on record that the bodies were kept in a sealed condition in the cardboard
boxes and there was no chance of tampering nor there was any reason to tamper
with the seals of the boxes. Thus what has been established to the satisfaction of
the Court that the dead bodies found on the plateau of Nandos were brought to
Civil Hospital, Oros after drawing the panchanamas of inquest and after autopsy,
the dead bodies were shifted to Miraj Medical College, Miraj in sealed boxes.
-:- DB 2 to 5.-:21.
I.Landge had been to the plateau of Nandos and after taking search, they noticed
in all 7 dead bodies lying scattered on the plateau. P. I. Landage left the plateau
and the matter was reported to Dy. S. P. Prabhu Khanolkar who then came to the
plateau but since it was twilight, the work of inquest panchanama was postponed
and throughout night P. I. Mungekar and Dy. S. P. Khanolkar and other police
staff members remained on the plateau.
460, it is clear that dead body Nos. 1,2, and 3 were entrusted to him after drawing
the panchanama of inquest by Liyakat Ali Pardeshi in presence of pancha
witnesses Naik and parab under
Thereafter it was Suhas Rane who shifted body Nos. 1 to 3 from the plateau of
Nandos to Civil Hospital Oros.
23.
.. 13 ..
that he conducted post mortem of DB No. 2. From the perusal of his statement
below Exh. 149, it will find that on 21.12.03 constable Rane B. No. 624 brought
one dead body described as DB-2 at the instance of PSI, Vengurla for the purpose
of post mortem and after conducting the autopsy, he found that it was a dead
body of male aging around 30 to 60.
signature casual marking on back with metalic belt, with metalic buckle with label
Green World, yellow coloured waist full size and sando banian, were present on
the body. The clothes were stained with blood. There was one metal ring with
white top in the right hand ring finger. Roboc shoe only to the left foot 7 in size.
Lower and central and lateral incisors were missing No opinion can be expressed
by the Medical Officer since the body was mummified.
decomposed with minimal soft autolite tissues and skin. The bones were exposed.
The body was almost skeletonized. There was some tissue on skin and trunk and
part of upper extrimities. Adherent is underlying skeleton. The eye balls were
missing. In addition, the Medical Officer noticed following injuries on the surface.
(i) Incised wound on scalp. (i) On the vertex in midline of size 1.1/2 X
bone deep spindle shape with everted edges.
(ii)On right parietal area size 2 X 1 by bone deep spindle shaped
with everted edges. Mark of sharp object on skull seen.
(iii) Right parietal area 3 above right ear size. 2 X 1.1/2 bone deep.
Spindle shape with everted edges.
(iv) Right martoid area (1 behind right ear). Size 1.1/2 X bone
deep. Spindle shaped with everted edges.
24.
Those were all antemortem injuries. The Medical Officer also found
mark of sharp object on the skull on injury No. 2 but no evidence of fracture was
present. The brain matter was missing. In the rib cage only heart and liver were
found. Bones were almost decomposed. Other soft tissue organs were missing.
The abdominal cavity was found empty. The stomach and intestine were missing.
Liver was congested and in decomposed state. Spleen and kidney were not found.
The probable time of death was more than one month from the date of post
mortem.
The viscera was preserved of liver and heart, skin and hair and nail.
Further with some other details, the medical officer opined that the exact cause of
death can not be given but the ante mortem injuries found on the scalp might
have bleed profusedly and the patient might have died of haemorrahagic shock
and the patient might have died of head injury itself. The post mortem report is at
Exh. 150 and 151 since the same is coupled with the additional information. It is
.. 14 ..
in his evidence that he received the report of viscera and found that no poisoning
or arsenic material was found in the dead body. Thus after doing the needful, the
body was packed in the box and it was sealed and handed over to the Police for
further examination of Forensic Expert at Miraj Medical College.
25.
dead bodies found at Nandos, were called at Miraj Medical College and in presence
of Dr. Jinturkar, obtained samples of muscles
hair,nails,metatarcel bone, thigh muscles mass and scalp piece of dead body No. 2
for the purpose of DNA test. And he sealed those samples and handed over to the
police for refering it to C. A.. It is in his cross-examination that the dead body
sent in the card board box was not opened before the witness reach Miraj and he
received message on 23.12.03 in the evening that for the purpose of collection of
viscera, he and another Doctors are called to Miraj. He also has clarified that only
difference or discrepancy found by him in the inquest report and the examination
conducted by him was in respect to one injury in right lumber region noted in the
inquest report and according to him, it was not injury but some bites by animals,
and it was post mortem injury.
-:- DB-3 -:-
26.
.. 15 ..
and made a reference for opinion of expert of Forensic Medicines.
The P. M.
Thus after performing the autopsy, he sealed the body in the cartoon
box, articles on the body were also sealed in the same box separately, affixed the
label of his name on the box with the body No. on the box and delivered the same
in the custody of police.
alongwith 6 other medical officers, visited the Miraj Medical College, Miraj and in
presence of Dr.Jinturkar and Vaidya, took the samples for reference to C. A. and
D. N. A. in separate glass bottle and the dead body was given in the custody of
Miraj Hospital.
occasion to take samples from dead body No. 3 except on 21.12. and 24.12. and
he collected two bones of Metatarcel bone, one piece of soft tissue from left gluteal
region and one piece of scalp with hair in separate bottles with separate label. He
has admitted that C.A. Report is received. It is in his evidence that Civil Hospital
is maintaining Mortuary Register and the entries of articles and dead bodies are
kept in the Register. Further it is in his evidence that when he saw the dead body
for the first time, it was not in the box but it was kept alongwith other dead bodies
in the Post Mortem Room and he does not know who brought those dead bodies
and handed it over to the Hospital. But again has admitted that the information
regarding the person who brought the dead body and the time when it has been
brought has been mentioned in PM report and it is founded on the request letter
sent by the police.
Thus it will find that the Medical Officer has been cross-
examined at length but nothing is there to infer that either the witness has been
deposing false that he performed autopsy or that there is any material
contradiction or admission ultimately ruling out the possibility of conducting
autopsy on the dead body by the Medical Officer.
28.
82(Exh. 456) to establish that after drawing panchanama of inquest of dead body
Nos. 4 and 5, they were brought to Civil Hospital, Oros.
.. 16 ..
witness get downwards at the distance of 7 to 8 ft. into the valley from the plateau
and there he noticed foul smell of dead body. There he saw the dead body. Then
Constable-Rane asked the witness-Chavan and Sanjay Nandoskar to act as
pancha witness and they consented for the same. Accordingly, the panchanama of
highly decomposed body was drawn which was in skeleton form.
White sando
banian and one jean pant of black colour were on the dead body. The banian was
torn, soiled and blood stained and leather belt of black colour in the loops of jeans
pant. It was a dead body of male. There was no flesh on the nasal bone and no
eyes. Lower jaw was separated from the head. Some teeth were missing. Three
ribs were dismantled. Police tied one label as Body No. 4 to the jean pant of the
dead body and inquest panchanama was completed and he signed the said
panchanama. Further, according to the witness, there was a big hole on the jeans
pant in thigh region on right side.
separately at the distance of 10 ft away from the body. The bones of both palms
were missing.
There was one white full shirt on the dead body and elastic
underwear were stained with blood. The witness then identified the articles found
on the dead body.
29.
In his cross-examination, the witness has affirmed the fact that he got
down from the plateau at about 10 a. m. and barring body No. 4, he did not see
any other body.
deposed that he did not notice that the facts not seen by him were not noted in the
panchanama.
He has admitted that the dead body was handed over to Head
Constable-Lohakare and forwarded the same to Civil Hospital, Oros was not
informed to him and he does not know why it is present in the panchanama. Thus
it will find that though this is irregularity. This cannot be said irregularity of such
nature which ultimately will distrust the fact of drawing panchanama of inquest.
Hence, it is needless to state that the same can not be considered
material to
.. 17 ..
Miraj Medical College, Miraj.
It is also in his evidence that the articles were handed over to him after the
midnight of 23.12. and has denied that those boxes were opened in the presence of
Police at night and delivered the custody of those articles to the carrier.
The
witness has expressed his innocence about the presence of Medical Officers from
Oros to Miraj between 21.12. to 24.12. and has affirmed that the Civil Hospital,
Oros, had affixed specimen seal of Civil Hospital on the boxes. He has denied that
he has been deposing false that Doctors of Miraj Hospital delivered the articles
found on the person of dead bodies in his custody.
cross-examination, it can safely be said that that the witness has established the
fact of carrying the dead body from Nandos plateau to Civil Hospital and from
Civil Hospital, Oros to G. M. C., Miraj vis-a-vis returning articles found on dead
body Nos. 4, and 5 to Malwan Police Station. True it is that even this witness has
committed mistakes in recollecting the dates but what is material is the report on
record and the position has been clarified by Dr. Jinturkar as well as PSI-Yadav
and the Investigating Officers that infact initially the dead bodies were decided to
be moved to Miraj on 22.12. but for want of vehicle, the dead bodies were taken to
Miraj on 23.12 and Medical Officers were called on 24th and on 25th Constables
returned with the articles and submitted their reports and articles to Malwan
Police Station 25th.
31.
the prosecution has examined Dr. Mangesh Tarate at Exh. 606(PW-105) and in
order to prove the contents of P. M. report of D. B. No. 5, the prosecution has
produced and relied upon the report at Exh. 157 and examined Dr. Joshi at Exh.
156(PW-24).
32.
From the perusal of statement of PW-105,it will find that on 21.12., the
body No. 4 was referred to him and on examination of the body between 6 p. m. to
7 p. m. he noticed that it was a body of male aging 25. The body was mummified
and only skeleton was there. No abdominal viscera was found. The eyes were
missing. Bony orbit was present. Brain was absent in the skull cavity. A black
.. 18 ..
jean pant with the black waist leather belt, dixy underwear with white banian was
on the person of the deceased.
There was no thorasic and abdominal viscera. Thereafter he has furnished the
details of the organs found present and absent from the body and has recorded his
opinion that no probable cause of death was given and he advised for expert's
opinion from Forensic Govt. Medical College, Miraj. The witness has admitted the
contents of report at Exh. 607 and 608 and has claimed that he then refilled the
dead body in the cardboard box and sealed with the tape and affixed the seal of
Civil Hospital thereon. Further it is in his statement that on the second occasion
he had been to Miraj Medical College for the purpose of drawing sample for D. N.
A. test as well as to refer the same to Forensic lab, Kalina.
Accordingly, on
autopsy was to ascertain the probable cause of the death,the body referred was in
a condition as has been shown in the photographs as DB-4-C. He has affirmed
that no bone of the body was separated.
tumorous was separated from body No. 4. He has denied that 20 ribs were not
present in the body. He has admitted that no skin was present on the body and
has admitted that he has no documentary evidence to show that body No. 4 was
referred to him by Police Constable Lohakare. He has affirmed that he passed a
receipt in favour of Lohakare who brought the said body to him for the purpose of
autopsy and has affirmed that the clothes found on the person of dead body No. 4
were kept separately in the same box containing body No. 4. Thus on the point of
autopsy and the contents of report as well delivery of body, it can safely be said
that the witness had stood satisfactorily despite the searching cross-examination.
34.
Balasaheb Joshi below Exh. 156, in order to consider the contents of P. M. report
at Exh. 157, it will find that he conducted autopsy on dead body No. 5 between 6
to 7 p. m. on 21,12, and the body was referred to him through Head Constable
Lohakare, B. No. 381. The body was of male aging around 18. There was blue
jean pant
with white checks full shirt, and sando banian and underwear was
found on the dead body . One yellow rubber band on the left hand of the dead
body and two black cut shoes of size No. 7 and one blue sock over the feet of the
deceased was found. The clothes of the deceased were dirty with dust. There were
no stains due to decomposition and shrinkage of the body. Then the witness has
.. 19 ..
furnished the details of the presence and absence of the organs of body found in
addition to presence of maggots seen over the body. However, he has added that
due to decomposition no surface injuries were seen.
observed. No fracture of skull was seen. But there was blunt depression about 4
cm. X 4 cm. right frontal area. The brain was totally decomposed . The blunt
depression on skull was antemortem and according to officer, the death must have
been caused at least 3 to 4 weeks before the date of post mortem. Accordingly, he
prepared the P. M. Report under his signature which is at Exh. 157. It is in his
evidence that he had preserved viscera and he received the report of Officer from
C. A. that no poisonous substance or arsenic was found in the viscera.
The
witness has then affirmed the articles found on the dead body as Court Arts. DB5-A and DB-5-B. He also has affirmed the fact of his visit to Miraj Medical College
on 24.12. and collecting viscera samples of Metacarpal bone, muscle mass from
right arm for DNA test and metacarpal bone, piece of skin with hair from scalp for
forensic science testing.
35.
No. 5 was given to the dead body by the Doctors but again thereafter has deposed
that the number was given before conducting autopsy and has added that the
officers noted numbers with the help of marker and tied the plastic paper around
the arms of the dead body with the use of the thread. He has affirmed that even
police had also given No. 5 to body No. 5. He has admitted that in the inquest
panchanama, number has not given to the dead body but has affirmed that on the
top right corner figure 5 was noted in the circle indicating that it was inquest
panchanama of body No. 5. He has affirmed the fact that blunt depression injury
noted by him was seen by naked eyes even before opening the body and he felt
that blunt depression might be an injury and has denied that he could have
noticed the said fact in column No. 17 as surface wound claiming that he had not
formed opinion of cause of death. The witness has been cross-examined at length
but there is really nothing to infer that the statement of witness is interested or
exaggerated and for this or that reason, the same should be discarded.
36.
2, 3, 4, 5, it will find that prima facie the evidence was indicating that the death of
D. B. Nos. 2, 3, 4, and 5 was
.. 20 ..
-:- Forensic Chemical Examination. -:............
37.
To establish the fact that the dead bodies found were murdered, the
prosecution has also placed reliance on the statement of the report of Committee
formed under the Chairmanship of Dr. Jinturkar.
38.
Exh. 393(PW-76), the Chair Person of the Committee, formed to determine the
probable cause of the death, it will find that in his chief-examination, a Professor
in Forensic Medicines, has cleared the fact that the dead body Nos. 1 to 7 were
sent to College on 23.12.03 in the evening at 6.05 p. m. and only after receipt of
fax from S. P., Sindhudurg on 24.12.03, the Committee accepted the bodies and
started other formalities just after midnight and thus the dead bodies were
accepted in early hours of 24.12. and after midnight of 23.12.
It is also
The dead bodies were then accepted and kept in strong room alongwith
paper cartoon for each body and the cartoons containing dead bodies were duly
sealed and bearing dead body Nos. 1 to 7.
.. 21 ..
dead bodies were referred as body Nos.8 and 9 to the Hospital and Hospital
adopted the same procedure and body Nos. 8 and 9 also were kept in the strong
room. Again on 05.01.04 A. S. I. Gosavi came with one more dead body No. 10 in
sealed box and it was also accepted and kept in the strong room after examination
of the seals of the cartoons and complying the necessary formalities.
40.
From 13th January, 2004, the Committee started examining the dead
bodies and thus every body was taken up serially to the Radiology Department by
the van. The dead body was kept on the plastic sheet in Anatomitical alignment
after breaking open the seals in presence of all and then the photographs of those
skeletons were taken in addition to the X-rays. At the same time, Dental Surgeon
examined the skeletons in respect to dental examination and he used to explain
his findings on the subject. Medical Offier-Jinturkar and Pathologist-Mrs. Patil,
observed the injuries and obtained the photographs of the same parts. Dr. Vaidya
carried out Anatomitical examination pertaining to the bones to determine, the
age, sex and bony injuries. After such examination those skeletons form of dead
body was wrapped in the same polythene bag and in the same cartoons,and body
were sealed in the cartoon and kept the cartoon in the strong room.
Thus by
adopting the similar way carried out the examination of all ten bodies. Thereafter
the Committee decided to go for maceration and thus collected 10 drums and
transferred the entire skeletonized body one in each drum with proper label to the
drum and the drums were filled with water and leeches. The drums were then
sealed after fixing the lids and thus the dead bodies were kept for maceration for
one month. According to Dr. Jinturkar, due to maceration, the soft tissues were
eaten away by leeches and bones in clear form were available for examination. It
is also in his evidence that in addition to the samples taken by the Medical Officers
by visiting Miraj Medical College, Miraj, the S. P., Sindhudurg, asked to provide
additional samples of DB Nos. 3, 5, 7, 10 and the Medical Officer accordingly
collected femur bones of body Nos. 2, 3, 4, 5, 7, and 10 in separate plastic bag and
all plastic bags were immediately sealed after putting every body in separate
cartoon and sealed the Cartoon with the label disclosing body No. and the sealed
boxes were handed over to P.S.I. Tuppal(Exh. 397). Then in the first week of
March, 2004, the dead bodies were taken for detailed examination of bones after
maceration.
41.
.. 22 ..
nature of the injuries found on the bones of the victims, now the injuries found on
the dead body Nos. 2 to 5 will have to be seen in order to ascertain whether the
death of DB Nos. 2 to 5 is culpable homicide or otherwise.
-:- D B- 2 -:.........
42.
In this light, the injuries as noted by Dr. Jinturkar and his Committee
in respect to DB-2 needs to be scanned. Before that it is to be noted that the 1photographs of the bones of body No. 2 were taken and at the relevant time, paper
slip showing the body No. 2 was also kept with the respective bones while taking
photographs.
Dr. Jinturkar has affirmed that he was present while taking the
photograph and he also has preserved the negatives of those photographs and had
brought the same into the Court while recording his statement. The description of
bone has also been mentioned on the reversal of the photograph by Dr.Jinturkar.
On the backside of each photograph, the nature of bones of which photograph was
taken and separate key was also written on the photograph as well as the key bear
the signatures of all members of the Committee. The relevant photographs are at
Exhs. DB-2A to DB-2J whereas the key has been admitted in evidence at Exh.104.
43.
around 25 to 45.
The person must have died about six months before the
.. 23 ..
(e) Both the styloid processes broken.
(f) A sharp incised wound over the right parietal bone measuring 3
inch in length.
(g) Mandible broken just to the right of symphysis menti into two
halves, edges sharp.
(h) Right transverse processes of two of the typical cervicle vertebrae
broken.
(i) The sacrum is broken on the right side near the lower part
involving lower three sacral vertebrae.
(j) Lower end of the right ulna missing edges are smooth.
(k) Lower end of the left ulna missing edges show gnawing marks.
(l) Lower end of the left and right radiia missing, edges shown
grawing marks.
44.
According to Dr. Jinturkar, injury Nos. (a) to (j) were ante mortem
whereas injury Nos. k and l were post mortem and probable cause of death was
the head injuries a to d resulting into fracture of the skull. Further according to
the committee, the injuries a, b, c, d, f, g, might have been caused by sharp
cutting object whereas injury No. e, h, i, j, might have been caused by hard and
blunt object. External injury (b) corresponds to internal injury (f). Accordingly the
Committee accorded its opinion under report (Exh. 405).
-:- DB 3. -:_
..........
45.
Further from the perusal of the statement of Dr. Jinturkar, it will find
that in the same way and manner, the photographs of body No. 3 were also taken
defining the description of every bone alongwith key and the photographs have
been marked as DB-3/C to K whereas key is marked at Exh. 406.
Further
according to the Committee, body No. 3 was of human male, aged about 25 to 45
who died about 6 months before the examination and the following injuries were
found on the person of DB-3:(a) Left styloid process broken.
(b) A linear fracture extending for right external acaustic meatus
towards right parietal eminence seen,about 3 in length.
( c) Two linear fractures each measuring 3 found extending from left
external acaustic meatus upwards and towards the left parietal
.. 24 ..
eminence.
(d) A circular hole measuring about 1/4 in diameter seen manubrium
sterni,the margins on the anterior side were even and inverted with
evidence of linear fracture of surrounding bony portion, evidence
of scorching and charring all around margins at the posterior
portion it showed evidence of carbon deposition and charring with
everted punchout margins, the track was oblique.
(e) Another circular hole about 1/2 in diameter seen to the right
of junction of upper 2/3 with lower 1/3 of the body of sternum,
margins were inverted and showed minimal evidence of scorching
and blackening at the posterior part the margins were inverted.
(f) Right lower 1/3 part of the body of the sternum was broken from
the rest of the body.
(g) Left clavicle broken at the junction of medial 1/3 with the lateral
2/3.
(h) Left scapula showed two holes each of 1 diameter just below the
spine with linear extensions.
46.
According to the Committee, all these injuries were ante mortem and
probable cause of death was fire arm injury to chest and fractures of skull leading
to head injury. Injury Nos. d and e were caused by fire arm and rest by hard and
blunt object. The photographs-Court Art. DB-3-I and DB3-J are that of sternum
taken from both sides showing the firearm injury whereas photograph DB-K is of
collar bone and scapula of left shoulder.
injury. Accordingly, the Committee submitted the report under the signatures of
the members of the Committee at Exh. 407.
Court Art. DB-4C to K whereas the key is marked at Exh. 408. On examination of
the body No. 4, the Committee opined that it was dead body of human male aging
25 to 45 died prior to 6 months before examination and following injuries were
found on the person of DB-4 :(a) Both the styloid processes are broken.
(b) A linear fracture 2 in length extending from the right supra
mastoid crest upwards towards parietal eminence.
Left upper half of the manubrium broken, it is broken in L
shaped manner, broken edges show reddish infiltration staining
.. 25 ..
more marked at the upper portion.
(d) Right coracoid process of scapula broken, e-o reddish infiltration
staining present.
(e) Left ulna lower end broken, edges sharp infiltration staining
present.
(f) right radius styloid process broken.
(g) right tibia medical mallelous missing e/o gnawing marks present.
(h) right fibula lateral aspect of the lateral malleolus showed e/o
gnawing.
(i) left fibula lateral mallelous missing, e/o gnawing present.
48.
The Committee has opined that all injuries a to f were ante mortem
and the injury g, h, i are post mortem injuries. All ante mortem injuries can be
caused by hard and blunt object.
fracture of skull bone with blunt thoraic trauma associated with multiple ante
mortem fracture. Accordingly, the Committee submitted its report at Exh. 409.
............
49.
were taken after following due procedure and those photographs are DB-5E to J
whereas key has been admitted in evidence at Exh. 410. On examination of the
body, the skeleton,it was found that it was a body of human male between 25 to
45. The death occurred six months prior to the examination and following injuries
were found on the skeleton:
(a) Right styloid process broken.
(b) Small linear fracture measuring 3 in length with e/o infiltration
staining seen over the right side of the frontal bone extending from
supra orbital margin upwards and straight backwards showing
infiltrating staining
( c) Small linear fracture measuring 4 in length with e/o infiltration
staining seen over the left side of the frontal bone extending from
suptraorbital margin upwards and straight backwards.
(d) A sharp linear injury about 1 in length present behind the
junction of medical wall and roof of right orbit with e/o
infiltration staining.
(e) Left fibula broken in two pieces, edges are sharp.
.. 26 ..
(f) A sharp linear injury measuring about 1 and lying just to the left
of the midline seen over the lower segment of the sternum, e/o.
Infiltration staining seen, the injury is more marked at the back
portion.
50.
blunt object and cause of death, is head injury due to fracture of the skull bone
with blunt thorasic trauma associated with multiple fracture.
Accordingly, the
supply the copies of all the documents to the Investigating Officer as the
Investigating Officer had asked only for reports on certain points.
He also has
clarified that he has produced photographs taken by the committee though they
were not sought by the I. O. as the photographs were covering salient aspects and
those aspects were helpful for the I.O. and the Court for further reference. It is
also in his cross-examination that the Committee compared the bodies alongwith
the inquest panchanama and post mortem report of each body and also admitted
that some discrepancies in the description of the dead bodies in the inquest
panchanama and the notes in post mortem report were noticed against the actual
bodies received.
52.
He found all the bones of body No. 1 except xiphoid process from
sternum, all carpal bone of terminal row except right lunet of both the hands. He
also admitted that all distal bones except right capitate, five phylanges out of 14,
left patela, left clavicular bone of torsal bone, left lateral cuneiform and medical
cuneiform of both the sides of foot were missing. All metatarsal bones except first
left and right metatarsal bones were missing. There are 116 bones in two palms
and two feet, eight bones of two palms and 39 bones of two feet of body No. 1 were
missing.
cartilges are missing and infact hyoid bones were also missing. His further crossexamination reveals that soft tissues of body No. 1 were not present. It is also in
his cross-examination that injury on sternum shown in the report at 6-F (Exh.
403) is not shown in P. M. Note of body No. 1 at Exh. 136.
53.
.. 27 ..
breaking of styloid process is also not mentioned in P. M. notes. Thus it will find
that the report is compared with the post mortem notes drawn by the Medical
Officer at Oros but the fact remains that since the Medical Officer, Oros, could not
record his opinion, the matter was referred to Miraj Medical College for forensic
medical examination and as such, it is clear that the reference of the P. M. notes
drawn by the Medical Officer, at Oros, can not be compared with the examination
conducted by the Committee consisting Dr. Jinturkar.
54.
deposed that he has dealt with the ballistic cases and in case of fire arm injury,
there would be deposit of gun powder residue on cloth and on internal injury at
the place of entry of projectile. In case of fire arm injuries to body Nos. 1, 3 and
10, there was single hole injury to Sternum. He has admitted that in such case, it
can not be opined whether the projectile was pellet or bullet.
He also has
conceded that from the nature of the injury, it can not be opined that what type of
firearm was used and whether it was a shot gun or rifle. He has also admitted
that from the nature of the injury, it can not be opined that what was the range of
the firing and has deposed that configuration of bullet or pellet can not be stated
as in case of close range firing by a shot gun, two vats, cardboard disk and pellets
should be found inside the body. Finally he has admitted that in case of body Nos.
1, 3 and 10 he did not find any exit wound on the skeleton. The Committee did not
make any enquiry with the police about the recovery of cartridges, or pellets near
the spot or around the spot.
55.
He has admitted that as long as bore size can not be determined and
On 13.1.04 he removed iliac bone and skin piece of body No. 7 for
labelled plastic bag. Finally has conceded the fact that he has not maintained the
record of handing over the same to Anatomical Department and he can not
authoritatively say that the injury to iliac bone and skin piece was caused by fire
arm shown to him in the Court. The injuries, witness has added, found on the
head of body No. 2, are caused by weapon having sharp edge on one side. He has
admitted that in case of tangential blow, there should be a flap injury but has
affirmed that injuries found on the head of body No. 2 is injury caused by sword.
.. 28 ..
It is also in his evidence that in case of blows of iron bar at the time of impact,
there will be associate of the covering of brain and brain matter about such injury.
He has admitted that since no brain matter was available, he could not ascertain
whether the injury on the head were counter coup injuries or not and as
such,such injuries can not be ruled out caused by fall. However, he has added
that additional injuries caused to cervical vertebrae could not be caused by fall.
56.
omission on his part that he has not mentioned in his reply to the Investigating
Officer, and Civil Surgeon in what condition the bodies were received by him. He
has not noted receiving of dead bodies in sealed and packed condition. The bodies
were in boxes of different sizes. Those boxes were not appearing to be specially
prepared for carrying the bodies since the boxes were of different size. It is in his
cross-examination that in all on three occasions he opened the boxes during the
course of examination. He has admitted that he has not seen his reasoning part
alongwith report or subsequent report.
examined on the point that there is no positive evidence indicating that the bodies
were received in an intact and sealed condition. The seals present on the boxes
were not checked or compared with the seals present on the covering letter and so
on. But the fact remains that almost 9 bodies were in the form of skeleton and it
is in the evidence of the carrier Constables and Medical Officer, Oros, that the
boxes were sent with the seals. Thus mere absence of mentioning the aforesaid
fact in the reply letter or report, does not make the entire report unreliable. It is
unless the positive signs have been shown to establish that thereby the great
prejudice has been caused to the right of defence, such irregularities can not be
given undue weightage. However, the possible care is to be taken while carrying
out such parts of the human organs but the facts on record warrant that wherever
there was discrepancy, Miraj Medical College has informed the said fact either to
S. P., Sindhudurg or Civil Surgeon, Oros. Thus even though it is assumed for the
moment that there was certain discrepancies and irregularities, yet that will not
prove fatal to the case of prosecution since no prejudice has been caused to the
defence.
57.
Committee, it can safely be said that the cause of death of DB-2, 3, 4, and 5 was
brutal assault. Further the evidence led by the Committee ultimately warrant that
it was case of culpable homicide amounting to murder.
.. 29 ..
58.
victims is not accidental death, suicidal death but it is homicidal death. But the
mere fact that the deceased died of homicidal death will not be sufficient to jump
to the hasty conclusion that the same has been caused by the present accused.
Had there been ocular evidence, the matter would have been considered on
different footing. But this is a case founded on circumstantial evidence and as
such, now identification of the dead bodies is also one of the important factor to
complete the chain of circumstantial evidence because once it is established to the
satisfaction of the Court that the dead bodies have been duly identified, then other
circumstances like conduct of the accused, modus operandi of the accused, theory
of last seen together and the wrongful gains acquired by the accused, are the
material parts so as to establish the complete chain of circumstances unerringly
pointed to the accused and accused alone as the culprits.
.. 30 ..
60.
The witness has been thoroughly cross-examined and she has been
position to state other dates but all other times, she has placed reliance on the
Hindu festivals to locate the date when the accused No.. 1 and his associates came
and stayed at the house of Accused 7.
Korgaonkar is rank lier and she should not be trusted for the reasons that she has
not deposed anything against accused No.7 and secondly she has stated nothing
about the weapons allegedly recovered from the said house at the instance of
accused Nos. 1 and 7. True it is that the witness has not stated anything about
her husband-A- 7 and not stated anything about the weapons hidden on the loft
though it was to her knowledge. But it is to be noted that it is a general practice,
the witnesses are interrogated by the police and the only answers of the witnesses
are recorded. Thus hardly there is chance to the witness to state the facts at his
or her own. Thus it may be that the witness may not have been asked about the
said fact and hence, she might not have disclosed the same to the police. Hence,
for such flimsy reasons, the statement of the witness, can not be discarded. Here
it is to be noted that while appreciating the evidence in criminal proceedings, the
.. 31 ..
rule of Falsus in Uno can not be applied in toto and the Criminal Courts in India
have to separate the chaff and select the grain. Further more, it is to be noted that
while appreciating the evidence of a witness, his/her education, culture, strata of
the society from which the witness hails, the power of the witness to recollect the
memory and more particularly the power to express the things recollected, are the
factors for consideration and thus for want of one or the other reason, statement of
witness, can not be discarded. The exaggerated portions are to be wiped out and
the statement which has been duly proved the corroborated has to be accepted.
62.
The case of the prosecution is that the third episode of murder took
brought a gunny bag containing roses and one black plastic sheet. Further it is in
her statement that at about 6.30 a. m., A-1 scolded Trupti, the other daughter of
Smita when she took one of the rose flower and on enquiry, replied that those
flowers have been brought to adorn Palakhi of Lord Giroba.
clarified that A-1 has ever brought flowers for Lord Giroba in past. Further it is in
her chief examination that on next i. e. on 13.11.03, she saw the accused 3 and 5
went in the direction of Gadhi with rose flowers and one plastic sheet in a basket
of PW-4-Smita and on enquiry, Yogesh-A. 3 replied that they were taking flowers to
clean them in moon light. Again it is in her evidence that after some time, A-3Yogesh and Mahesh were seen with A-1 coming downwards from Gadhi without
the basket and hence, PW-4 enquired with them about her basket and again
Yogesh replied that the basket has been kept by him and he will return the same
on the next day.
63.
Thus here it will find that A-2 was not accompanying A-1, A-3 and A-5
and the witness has added that on the next day A-1 went to Katta in order to
receive Dipika, the daughter of PW-4-Smita who was returning from Bombay with
A-2. As against that, it is in the evidence that A-1 received Dipika and A-2 directly
proceeded by the same bus to Malwan with four other persons inclusive of
woman and two kids. It is in her evidence that on 14.11., A-1, A-3, A-5 left her
house at 10 a. m. and returned at about 3.30 p. m. and before entering the house,
they went to the well and took bath. It was the day of village fair. At about 9.30
.. 32 ..
p.m, A-1, Sonali, A-3 went to attend the fair of Lord Giroba whereas A-2 and A-5
slept in the house. Witness-Smita, her husband and children went to fair in the
midnight at 12 O'clock. They also attended the Palakhi and they noted that Palkhi
was not adorned with flowers of roses.
64.
70, para 9, it will find that he also has affirmed the fact that two days' before the
village fair of Lord Giroba, A-1, A-3, A-5, and Sonali, the second wife of A-1, came
to Katta at 7.30 a. m. by the bus and in addition to the usual luggage, A-1 was
having gunny bag containing roses. Even from the perusal of the statement of
PW-75-Santosh Yadav at Exh. 390, it will find that he also affirmed the aforesaid
fact. As against that, from the perusal of panchaama of spot of offence and the
place allegedly shown by A-1 as the place where the demonstration of shower of
money, was conducted, it will find that the Investigating Officer has affirmed that
petals of roses were found on the said spot.
Here it is to be
noted that the reasons recorded to accept the statement of Smita Korgaonkar, can
be aptly applied to the statement of Santosh Yadav. The object of the prosecution
to examine this witness is to establish the facts that:(i) Accused Nos. 1 to 3 and 5 were frequently visiting the house of A-7
during Sept., 2003 to December, 2003.
(ii) During this stay, accused Nos. 1 to 3 collected the guns from
accused No. 4-Tanaji Gavade and one Shekhar Masurkar.
(iii) The accused were repeatedly visiting plateau of Nandos with
guns, swords, iron rods, under the pretext of hunting but they
never brought any prey to the home of A-7 allegedly hunted by
them.
66.
Witness-Santosh was
brought up by A-7 and PW-4 since his childhood on account of poverty of his
parents. He had love and affection in PW-4-Smita to whom he was calling Kaki and
A-7 to whom he was calling Baba. Thus Santosh was treated like son in the family
and Santosh was assisting PW-4 and A-7 in household work as well in agricultural
work. At the time of recording his statement in the Court,Santosh was 18 year's of
.. 33 ..
his age.
Witness-
Santosh has affirmed the fact that the accused Nos. 1, 2, 3 and Sonali, the second
wife of A-1, as well Punam, fiancy of A-2, visited the house of A-5 at the time of
Ganesh Festival whereas on the 2nd and 3rd occasion at the time of Dashahara and
Bhaubij, the accused 1, 2, and 3 were present in the house. He has affirmed that
A-1, 2, 3 and 5 had been to Nandos at the time of fair of Lord Giroba. It is also in
the statement of the witness that the accused No. 1 and 3 brought guns from
Chandrashekhar Masurkar and Gavade, accused No. 4 as well as brought country
made revolvers. Accused 1 cut the barrels of the gun and made the gun short.
67.
around 29 pages.
witness, it can safely be said that the witness has stood satisfactorily to the
searching cross-examination. In his statement before the Court, the witness has
categorically said that A-1 left the house of A-5, went to Mumbai, learnt the auto
rickshaw driving and the witness learnt that accused 1 has been driving
auto
The witness has also affirmed the fact that A-2, and A-3, and A-5 were
visiting the house of A-7. He has also furnished details in respect to the visits of
the accused to the plateau of Nandos in Sept. during Ganapati festival, in October
during Dashahara and in November during Bhaubij and at the time of village fair
of Lord Giroba.
plateau of Nandos with full pants and returning with half pants.
He also has
narrated that on the last occasion, the jacket which was on the person of A-1 while
going to the plateau was tied around the waist of A-5 while coming down the
hillock. It is also in his cross-examination that the accused after coming from the
plateau of Nandos were taking bath by going to the well. It is also in his statement
that after the last episode, all accused left for Mumbai in batches and 4 to 5 days
after departure of A-1 and Sonali from Nandos, a son of Bhatjikaka, gave message
to A-7 that A-7 has been asked to give call to A-1. Accordingly, on the very day in
the evening, A-7 and PW-4 had gone to Katta for calling to A-1 and witness learnt
.. 34 ..
from PW-4-Smita that A-1 has been caught by Washi police. Further it is in his
statement that on the next day morning Mahesh(A-6 in other cases),came to the
house of A-7, informed about taking custody of A-1 by Washi police and also
informed to remove the cut parts of the guns kept on the loft and to throw away.
It is also in his cross-examination that for about 5 to 6 days thereafter A-1 was
brought to the house of Mahesh by Washi police.
69.
At that time, A-1 learnt about demise of his father in road accident. He
also has affirmed that A-1 was using white mobile. Even in his cross-examination,
the witness has deposed that on every occasion, A-1, A-2, A-3, were bringing the
very suit case and hand-bags and hence,he was acquainted with those articles and
hence, he identified the same in the Court. Further it will find that the witness has
affirmed that A-7 had asked the accused 1, why they have brought 3 guns and two
revolvers when A-7 was holding a licensed gun and PW-4-Smita even did not ask
the accused why they have brought those guns and revolvers. The witness has
added that he also has never find any suspicion in carrying those weapons by
accused. His further cross-examination warrant that there are certain omissions
in the statement of the witness recorded by the Judicial Magistrate under Section
164 of Cr. P.C.. The cross-examination of this witness warrant that he was not in
a position to disclose the month in which the festival of Shimga or Gudhi Padava
occurred and he knows only the months in which Ganesh festival, Ghatsthapana
and Dipavali occur.
statement of the witness, is admixture of the falsehood and truth. Thus only on
those grounds, the statement of the witness, can not be discarded.
70.
witnesses, it can safely be said that at least the prosecution has established the
fact that the accused were frequently visiting the house of A-7 between Sept. to
November, 2003.
71.
also placed reliance on one more close relation of accused 1 and he is witness No.
34-Satish Korgaonkar at Exh. 226.
.. 35 ..
and brother of witness-Satish brought Santosh and Sachin to Nandos for
maintaining them. It is also in his evidence that his one elder brother-Shivaram is
Security Supervisor at Malad.
He was
maintaining one Tata Sumo, and it was given on contract basis right from 1987.
Besides Tata Sumo, witness was maintaining his auto rickshaws and he disposed
off those auto rickshaws in 2000.
72.
it was blue in colour having registration No. MH-03-AH-8524 and the same has
been provided on contract basis to Internet Global at Malad.
It has been
established from his statement that since accused 1 had failed in 5th standard, he
was taking cattle for grazing. Therefore, he brought him to Mumbai, provided to
take training of auto rickshaw driving and thereafter A-1 obtained sum of Rs.
25000/- from Arjun Chavan, his uncle and the witness assisted accused 1 in
purchasing second hand rickshaw.
daughter of Gajanan More and accused 1 and thus in 1996, accused 1 and Sujata
More married without information to the witness-Satish as the wife of Satish was
sister of Sujata More. After marriage, A-1 and Sujata stayed in his house for ten
months and then started residing separate adjoining to the property of Gajanan
More, the father-in-law of accused 1 and witness-Satish. It is in his statement
that accused 1 was visiting his house when accused 5 was shifting to Mumbai
since he was suffering from piles and at the relevant time, A-1 told the witness
that he has started plastic company at Vasai and dealing in scraps as wholesaler.
73.
Nandos and at the relevant time, accused 1, and his wife-Sujata and daughter
were accompanying him in his Tata Sumo and at that time, Santosh was wearing
two gold chains, 4 gold rings and gold bracelet.
They resided at Nandos for 15 days. Accused 1 was maintaining Nokia cell phone
white in colour and his mobile No. 9820963798. The witness has claimed that
Court Art. V is cell phone of A-1. Further it is in his statement that from July,
2003, he provided his Tata Sumo to Internet Global.
74.
Sumo and the witness told him to go for second hand Tata Sumo by visiting an
.. 36 ..
agent at Ghatkopar.
Vimal Kapur at Ghatkopar. A-2 and A-3 were also accompanying A-1. The A-1
approved one Tata Sumo MH-04-As-46. It was white in colour. The price was
agreed to Rs. 2,60,000/-. Santosh paid advance of Rs.10000/- and agent asked
Santosh to bring documents of residence for the purpose of transfer and 4 days
thereafter A-1, A-2, A-3 as well witness- Satish went to the agent. Santosh paid
cash of Rs. 85000/- and the balance amount was raised through loan and at the
instructions of A-1, the papers of the car were made in the name of A-2.
75.
Ganesh festival and since his car was was to be repaired, the witness should
provide his car to him and witness should get repaired his car and use it in place
of his car for some days. Accordingly, witness-Satish provided his Tata Sumo to
the accused to visit Nandos and it was blue Sumo. Accordingly, the arrangement
was made and then the witness received a phone call from A-5 that A-1 had been
to Nandos alongwith his two friends Yogesh and Amit and two girls, and one of
them was newly married wife of A-1. For about 10 days after Ganesh Festival,
Santosh returned to Mumbai and delivered Tata Sumo to witness and requested to
arrange his car on hire contract. Accordingly, witness-Satish arranged for hiring
the car with the same company on monthly charges of Rs. 26000/-. The contract
was made in the name of Satish.
76.
Again on 23rd Sept., A-1 came to him and asked that he intends to go
to Goa and he is in need of car. Hence, witness brought his car from the Company
and provided his car to the Company in place of Car of Santosh. On 24.09. A-1,
and A-2, visited the house of witness and took the car and again returned the car
on 28.9..
77.
informed him about the arrest of A-1 by Washi Police in connection with missing of
4 persons and after enquiry, Washi police released Accused 1 and thereafter
accused 1 lost his father. Hence, A-1 took the car of the witness and visited
Humarmala, Pandur for performing last rites of his father.
According to the
.. 37 ..
religious programme the witness left Humarmala on 20th December at 5.30 p. m.
with Santosh and his wives. On the way back to Nandos, witness learnt from Daji
Gavade about the dead bodies found on the plateau of Nandos and visits of police
to the plateau and the witness told to his brother-Vilas (police) that this might be
work of Santosh-A-1. Vilas also affirmed the said fact since A-1 was arrested by
Washi Police. At about 7.30 p. m., all brothers and accused 1 were present in the
courtyard and witness opened the subject of dead bodies found on the plateau of
Nandos and he noticed that accused No. 1 was frightened.
78..
to see the dead bodies and even at that time, the witness noticed that accused No.
1 was frightened and he was behaving in disturbed state of mind. At about 6.30 p.
m. on the very day,he told the witness that if anything goes wrong with him,
witness Satish should save him. The witness asked him exactly what the accused
intends to say but A-1 did not say anything. On the very night at about 8.30 p.m.,
police jeep came to the house of A-7 and by seeing the police jeep,Santosh ran
inside the house towards backside and was trying to hide himself on the loft.
Then police gave him call by his name and witness told him that police are calling
him. The accused came out and the police took him to the Police Station.
79.
Thus this is the sum and substance of the chief examination of the
witness and it will find that the witness has been examined only in order to throw
light on the conduct of A-1. The material portion of the statement of this witness
is that he helped A-1 in purchasing the Tata Sumo in question consideration was
paid by A-1.
August, the said vehicle was hired to Internal Global Company at the monthly
rental of 26000/- in the name of PW-34- Satish Korgaonkar. The second material
portion of this witness is the conduct exhibited by this accused No. 1 on hearing
the news of the dead bodies at the plateau of Nandos and the conduct of A-1 when
the police came to the house of A-7 surrounding A-1. The cross-examination of
this witness warrant that the witness has not stated the fact of payment of Rs.
85000/- by A-1 in presence of A-2, and A-3 while purchasing the car. He also has
conceded the fact that A-1 asked the car for him to go to Nandos for Ganesh
festival is also not present in his statement recorded by police and it is also not
present in his statement that MH/04-AS-46 was given on hire to the company at
the instance of A-1.
.. 38 ..
O. that the accused No. 1 had regular income by hiring his Sumo to the Company
and it was around 26000/-.
80.
makes any difference since it has been proved to the satisfaction of the Court that
MH-04/AS-46 was purchased by accused 1 in the name of A-2 and it was plying
for Internet Global Company. It is also appearing from the statement of witness
that the incident of demand of car made by
making arrangement of the car to A-1, and return of the said car by A-1 on 28.9. is
also not present in the statement of the witness. However, the aforesaid omissions
are not material and are not worth to be considered. It is in his statement that he
was under mental stress on account of arrest of A-1 and A-7 but has denied that
MH-04/AS-46 was purchased by him by his own money in the name of A-2. Thus
this is the cross-examination of the witness as it ultimately warrant that the
prosecution has succeeded in establishing the fact that the vehicle in question was
purchased by A-1 in August, 2003 and the accused had hired the said vehicle to
Internet Global Company and was using the vehicle of witness-Satish as and when
needed and thus at the time of Ganesh festival blue vehicle of witness-Satish was
brought to Nandos as these facts are duly established from the statements of PW4-Smita Korgaonkar, PW-5-Sachin Chavan, PW-34-Satish Korgaonkar and PW-75Santosh Yadav.
-:- MODUS OPERANDI -:81.
defrauding the people by giving false promises and assurances of recovery from
financial loss etc. on the foundation of charms, black magic and super power.
Thus under this pretext the accused were defrauding the people and extracting
money. However, the accused realized that the said practice can not be continued
for the long time since those get defrauded started taking search of accused for
recovery of their money. Hence, ultimately the accused changed their modus and
thereafter they started giving assurances of multiplying the money by shower of
money and for that end, they started giving address of Malwan. Then they started
taking the victims to Nandos plateau in Malwan Taluka and after extracting the
money, they started killing the victims.
82.
witness-Ijaj Desai, witness Jagan Patil as well as witness Bala Lokhande and
.. 39 ..
Dayanand Thorat. From the perusal of the statement of Ijaj Desai at Exh. 128(PW-18), it will find that witness Ijaj Desai was serving in Soudi Arebia from 1993
to 1999 and then he returned to India. His brother-in-law Abdul Rauf was dealing
in sale of nylon soft Bags and later on he started the business of PVC granules at
Vasai. After return, Ijaj was also thinking of starting new business and Abdul Rauf
provided him a tip that the witness should start the business of manufacturing
nylon tubes. Accordingly, the witness attended the workshop of Abdul Rauf for
about one and half month and after acquiring the technique, he joined the
business of Abdul Rauf and also purchased one more extruder machine. Thus the
witness was manufacturing PVC tubes raw material required by Abdul Rauf and
Abdul Rauf was purchasing it from the witness for soft luggages. But in 2000-01
on account of Chianese products, the sale of nylon tubings went down steadily
and the witness and his brother-in-law started sustaining loss.
Hence, the
witness took loan of Rs. 14 lacs from Basin Catholic Bank, Vasai but they could
not repay the dues. Bank issued a notice and thereafter witness and Abdul Rauf
faced problems in serial.
83.
Thus on one hand, there was financial straits and on the other, the
series of problems in manufacturing were faced by both and hence, the witness
told all the aforesaid difficulties to his one more friend-Satishbhai Divecha and one
Raja was visiting the house of Satishbhai and accused 1 started attending the
shop of Divecha with Raja and hence, witness came to know the accused No. 1.
On account of quarrel in 2002, A-1 stopped visiting the shop of Divecha and the
witness learnt from Raja that A-1 was Tantrik, having great spiritual power and
was capable of arranging shower of money by charms and spell. Once again from
February, 2003, A-1 started visiting the shop of Divecha and accused 1 made
enquiry with the witness and Divecha about their problems and then the accused
No. 1 assured that it is not a big thing and with the help of charms and spell from
his uncle, he would handle the situation.
84.
witness and then started deceiving the witness. Initially the accused made a farce
of closing his eyes by sitting on a chair and asked the address of the factory of the
witness and then informed that evil spirits like Devil and Ghost exists in the
factory premise and thus witness requested accused 1 to visit the factory so as to
find out the solution. The accused thus made enroads to the factory and witness
introduced Abdul Rauf with the accused No. 1. The accused No. 1 then took round
to the factory and then told the witness and Abdul Rauf that the place was
.. 40 ..
haunted by Devil and Ghost and that was the cause
advised to perform Satyanarayan pooja in the factory and the witness and Abdul
Rauf paid sum of Rs. 2000/- to 2500/- to accused 1.
Satyanarayan Pooja within 4 to 5 days with the help of one Pujari, one married
woman, two children and one lady. The accused also brought the photographs of
Lord Shankar and Lord Ganesh and Lord Saibaba and asked to light holy lamp to
those photographs but the witness expressed his inability and asked the accused
to do the said things personally. Thus till March, 2003 the accused was visiting
the factory and lighting the lamp and performing the pooja.
According to the
Thus the accused get a chance and the accused informed that his
uncle has spiritual power and he can arrange shower of money and the accused
shall call his uncle if Abdul Rauf permits and in reply, the accused said that
expenses of Rs. 60000/- will occur for the same and his uncle will arrange for
shower of money and thus Abdul Rauf can wipe out the debts. Abdul Rauf had
belief in accused1 and on the other, somehow he was intending to come over debt
and he immediately agreed to the proposal and thus by the end of March, the
witness and Abdul Rauf arranged the money and informed the said fact to accused
1 and accused asked them that they should visit factory with cash and he shall
directly visit the factory with his uncle and on the same night. Thereafter Abdul
Rauf, Satishbhai Divecha, Jayantibhai and the witness went to the factory at 9.30
p. m.. Accused 1 also came there in his white Sumo. The accused 1 introduced
his uncle as Ramjikaka and two others Mushtaqbhai and Rajesh and also told that
they were resident of Baroda, Gujrat. Then Rajesh arranged the curtains by using
4 to 5 bed-sheets with the help of rope in the block used by the witness and his
brother-in-law-Abdul Rauf.
and Rajesh as well the accused, sat on one side of curtain and they could not see
the other side of the curtain.
Ramjikaka. Ramjikaka then handed over it to Mushtaqbhai and Rajesh then went
to the backside of curtain and kept money. Ramjikaka then took bottle and told
the witness and others that it contains tonic for Jeen (stranger God) and on
offering the tonic to the Jeen, the spiritual power would assure money on the spot.
Ramjikaka then went backside of the curtain for keeping bottle there and again
.. 41 ..
came to the other side. Ramjikaka lit the oil lamps, one in front of the curtain and
the other backside of the curtain. Then the electric lights were switched off and as
per instructions of Ramjikaka, the witness and all others keep quite and sat on the
other side of the curtain.
86.
has to protect the witness and his associates from Jeen and spiritual power.
Thereafter Ramjikaka started enchanting something in unknwon language and
stopped enchanting and slapped his thigh three times. Then there was a loud
ununderstable voice from the backside of the curtain. Then Ramjikaka told the
unknown power that the witness and brother-in-law are in very large trouble and
hence, they should be provided lot of wealth. Thereafter one rose was thrown from
other side of the curtain and Ramjikaka again shouted to the power that the
witness is not in need of flower but the witness is in need of money. Immediately
thereafter many currency notes were thrown from other side of curtain.
Those
notes were in the denomination of Rs. 5/-, 10/-, 20/-, 50/-, and Rs. 100/-.
87.
Thus the incident continued for one and half minute and then A-1,
Rajesh lit the light. Then Ramjikaka instructed to collect the notes. Those notes
were new currency notes.
The
witness collected the cash and found that the amount was Rs. 4000/- to 5000/only. Then Ramjikaka told the witness that he should not worry and once again
he shall call the jeen. Once again the same farce was made and there was a loud
ununderstandable noise. Then Ramjikaka told that one of the person from the
witness side was frightened and hence, there would not be further shower of
money.
Ramjikaka then took the witness and others to the other side of the
curtain where bundle of cloth containing currency notes was kept and Ramjikaka
gave to the witness and all his associates one note as Prasad and asked to take
seats again by going to the other side of the curtain. Ramjikaka then brought one
parcel and handed it over to Abdul Rauf and told that he should take care of
bundle for 41 days and reopen the same after 41 days. Then all left the factory
premise but A-1 remained with the witness and his associates. A-1 assured that
Ramjikaka will come back after 41 days.
bundle and accused assured that it contains currency notes but same should not
be opened before 41 days.
88.
.. 42 ..
factory and bundle was opened but no currency notes were found and bundle was
found containing paper cuts and petals of rose flower.
dirty woman (woman under menstruation cycle) has touched the bundle and
hence, the papers have not been converted into the currency notes and asked to
throw the said parcel in river water. Once again Ramjikaka, accused 1, assured
Abdul Rauf of shower of money and asked Abdul Rauf to arrange for the amount.
For about 4 to 5 days thereafter, Abdul Rauf arranged money and informed
accused 1. Once again, accused No. 1, Ramjikaka and his associates came to the
factory. They adopted the very method and finally gave a bundle to Abdul Rauf
with the instructions that the bundle should be preserved even from the shadow of
dirty woman and then left the place.
89.
Thus by that time, Abdul Rauf had lost sum of Rs. 1,20,000/- and
once again on opening the bundle after 41 days, it was containing rose flowers and
papers and Ramjikaka told that evil powers in the factory did not permit to
succeed in the work. Hence, Abdul Rauf asked the accused No. 1 to compensate
Rs. 1,20,000/-. Again accused gave false promises and told Abdul Rauf to dig a
ditch in the factory through the labour and on digging ditch, witness and Abdul
Rauf were waiting for accused 1. The accused came late. He kept lemons around
the ditch
and gave one lemon to the witness for his protection and started
enchanting something. Again there was a loud sound. Santosh then rushed to
the witness and asked the witness that whether he heard the sound and Santosh,
accused 1 informed that he made an attempt to remove the evil spirit from the
factory but there would be damage to the life of Nikhat, the daughter of Abdul
Rauf and due to fear, Abdul Rauf asked accused to stop the same.
90.
For about one and half month thereafter, the witness saw Rajesh on
the road and was asking for money for journey to Baroda and also informed him
that his factory has been attached by the Bank and Rajesh assured to assist the
witness.
But asked for money and as such, the witness arranged sum of Rs.
advance payment and was talking something with two others in Gujrathi as well
as the witness suspected about his integrity and caught him with the threat that
he shall take him to the police and then Rajesh informed that accused 1 has
committed the mischief with the witness and shower of money was fake and one
Mehboob was throwing the money from the backside of the curtain and making
sound from Sumo vehicle. Hence, witness supplied this information to Abdul Rauf
.. 43 ..
and they contacted A-1 on phone and asked him to make good the loss and the
accused No.1 in reply asked to see him at Malwan on S. T. bus stand for getting
the money. But witness insisted the amount in Bombay and the accused did not
pay the amount.
91.
Thus this is the sum and substance of the evidence from his statement
and it will gather from his statement that the accused was making farce of shower
of money with the help of 3 associates known as Ramjikaka, Mushtaqbhai and
Rajesh.
documentary evidence to prove the payment of Rs. 60000/- on two occasions and
he refunded Rs. 50000/- to Jayantibhai but there is no documentary evidence to
the same. The witness has been cross-examined in respect to one Hamidbhai as
well in respect to Harshadbhai who was a Maharaj ( a holy person). Further he
also has deposed that he did not feel to lodge a complaint against A-1 with the
police as A-1 gave assurance of repayment of money. Further he has deposed that
Santosh had not assured for refund of money and even the witness has taken for
granted that the money will not be refunded. The witness was suggested that he is
deposing false about payment of Rs. 60000/- to Ramjikaka as well as raising loan
of Rs. 50000/- from Jayantibhai and the witness has denied the suggestions.
92.
However, there is
nothing on record to infer that the witness is deposing false. It is also in his
statement that finally he lodged F.I.R. with Vasai police and in the said F.I.R. He
has shown Ramjikaka, Mushtaqbhai and Rajesh as accused and has deposed that
he does not know if police has closed the file. It is also in his statement that A-1
was not financially sound. Further from the perusal of his cross-examination, it
will find that there are certain omissions and the witness has admitted that the
fact of payment of Rs. 2500/- for the purpose of Satyanarayan pooja, the fact of
performance of Satyanarayan pooja in factory premise, the fact that the things
other side of the curtain were not visible, about the fact of a glass bottle containing
tonic to jeen and the procedure that was adopted by Ramjikaka for arranging of
money was disclosed to the police but he does not know why it is not present in
his statement. Thus from the perusal of his statement, it will find that all details
in respect to the procedure adopted as well as the pre and post shower of money
programme, has not been furnished in detail to the police as well before
the
Magistrate. Yet the substance of the contentions raised by the witness should be
considered and on the basis of such minor contradictions, the witness can not be
.. 44 ..
discarded in toto.
accused No. 1 was knowing one Ramjikaka and the accused was extracting
amounts with the help of Ramjikaka and others.
Patil at Exh. 115 (PW-14), it will find that even witness Jagan Patil was also made
subject of fraud. It will find that Jagan Patil was running canteen in a Company
in M.I.D.C., Dombivali. He was knowing Bala Pisal, Gurunath Gharat as past coworker.
Bala Pisal told the witness that he knows person by name Santosh
Maharaj who has a spiritual power to multiply money from 3 lacs to 3 crores.
Sachin Pawar and Gurunath Gharat were also present to listen Bala Pisal.
Gurunath then contacted Bala Pisal on mobile and the witness said that he had
no money to invest. Further Bala Pisal had again made over the story and was
insisting the witness for money. Hence, the witness contacted Balu Gadekar, the
grape merchant from Junnar, who provided address of Kerubhai Mali to the
witness.
Kerubhai Mali, a trader in vegetable market, of Washi, stated that he has only Rs.
1,80,000/- for investment.
Gurunath Gharat contacted Bala Pisal and again gave ring to witness and asked to
see the witness at the Tyre shop near Darga at Badalapur. The witness has added
that though Mali had only sum of Rs. 1,80,000/-, he informed Bala Pisal that he
has arranged for Rs. 3 lacs. Then the witness, Kerubhai Mali, Balu Gadekar went
to Badalapur by Sumo arranged by Kerubhai Mali. Bala Pisal, Ramesh Kadam,
Gurunath Gharat, Sachin Pawar, Raju Mahajan were present for said meeting.
Kerubhai shown the bag consisting cash but did not inform that it is only Rs.
1,80,000/-.
But Bala Pisal did not count money and immediately gave ring to
accused 1-Santosh Maharaj from STD booth and informed the witness that
Santosh Maharaj has left for Delhi and the witness and others will have to wait for
2 to 3 days.
94.
Thus it appears that within a day or two once again Bala Pisal visited
the canteen of Jagan Patil, Gurunath Gharat was knowing that Mali has only Rs.
1,80,000/-. Then witness decided to arrange for the balance amount and once
again saw Kerubhai Mali who informed that he has cash of Rs. 2,40,000/- and he
.. 45 ..
may get additional cash in the evening.
60000/-and hence witness brought cash of Rs. 10000/- and asked his wife to
send sum of Rs. 10000/- with Somanath Patil and also instructed Somnath Patil
to pledge ornamental gold of Jagan Patil and to raise a loan of Rs. 30000/- and
thus to bring Rs. 40000/-.
50000/-. Sachin Patil and Gurunath Gharat paid Rs. 5000/- each.
95.
Thus Rs. 3/- lack was collected and once again the accused No. 1 was
informed by phone and also informed that A-1 should be ready to go to Baroda
with the witnesses for liquid bottle.
vehicle but before that Kerubhai Mali obtained the signatures of Jagan Patil, Bala
Pisal, Gurunath Gharat, on the blank stamp paper (police Art. 80 and Court Art.
AW). The witness has also added that Kerubhai Mail was rich businessman. He
was wearing chain of gold, wrist watch of Rado make. Then the witness has also
furnished the details of Rado wrist watch.
accordingly witness-Jagan Patil, Bala Gadekar, Ramesh Kadam, Bala Pisal, and
Gurunath Gharat saw accused 1 in one hotel at Borivali and he was accompanied
by accused 2 and 3. A-1 asked the witness to go to Baroda with A-3-Yogesh to
bring the liquid bottle.
96.
and accused 3 left for Baroda with driver by Qualis car. It was 20th day of the
month. A-3 took the witness and his associates to the lodge known to him and
accused No. 3 then went out in search of liquid bottle and at 12.30 noon accused
No. 3-Yogesh returned with a person whom he was referring as Chotu. Chotu told
the witness in Hindi that article was not ready and the witness shall get the same
on the next day if not on the same day and demanded advance of Rs. 1 lac. Jagan
Patil paid Rs. 1 lac to Yogesh and Yogesh has paid the same to Chotu who then
left the hotel telling that he would return at 5 to 6 p. m.. Thus at 6 p. m. once
again Yogesh, Chotu and one more person came to the lodge. They gave a small
bottle containing oil type liquid and the witness then paid Rs. 2 lakhs to Yogesh
who then delivered the same to third person and they left the lodge. Within 10 to
15 minutes thereafter, two persons entered the room of lodge claiming to be the
police and under the pretext of search, they recovered the liquid bottle from Bala
Pisal, they poured the oil on the palm of Bala Pisal and threw the bottle out of
window and asked the witness and others to stay there till arrival of police jeep
and left the lodge. Chotu and Yogesh were present in the lodge.
... 46 ..
97.
Thus witness-Jagan Patil and his associates, realized that they have
lost bottle as well money and A-3 then started contacting A-1 and A-1 asked not to
worry and to come back. Thus the witnesses were in the lodge upto 11 p. m. and
no police man came to the lodge. Hence, the witnesses left the lodge at 11 p. m.
and came to Borivali. Accused No. 1 then saw the witness and tried to pacify the
tension and also assured Kerubhai Mali to do the needful within 4 to 8 days. And,
finally accused 1 asked the witness to re-arrange sum of Rs. 3 lakhs only for the
purpose of showing the said amount and it will not be necessary to hand over the
amount. Hence, the witness contacted Ganapatsheth from Tisgaon from Kalyan
who is Cable Operator and is a businessman.
arrangement of Rs. 3 lacs only for a day for the purpose of showing.
98.
Thus the first episode completes here as the accused Nos. 1 and 3
extracted sum of Rs. 3 lacs by making a farce of liquid bottle, snatching of liquid
bottle, through fake police men and defrauded Jagan Patil and his friends.
99.
at Malwan and for that the witness-Jagan Patil collected and rearranged Rs. 3
lakhs with the help of Ganapthsheth a Cable Operator. Then the accused Nos. 1
to 3 were informed by witness-Bala Pisal to arrange for bus tickets to go to
Kankavali and accordingly, on the next day, 5 tickets of luxury bus were booked
by A-2 and A-2, witnesses-Jagan Patil, Sachin Pawar, Somnath Patil and Bala
Pisal left Borivali. According to the witness, A-2 had asked witness-Jagan Patil
that he should not visit Kankavali by car but he should visit Kankavali by bus.
However, witness-Jagan Patil and Ganapatsheth started by Lancer Car. WitnessBala Pisal, Somanath Patil, Sachin Pawar were in the bus whereas acused 1, left
by his own car.
100.
Witness-Jagan Patil did not inform the fact to A-2 that he has
proceeded by car but abruptly A-2 came in front of the car when witness-Jagan
Patil and Ganapathsheth were in front of Konkan Plaza Hotel, at Kankavali.
Somnath Patil, Sachin Pawar, Bala Pisal, and A-2 had booked one room and Jagan
Patil and Ganapatsheth joined the same room. A-2 then made a call to A-1 and
then came to the witness and told that Santosh Maharaj has learnt that witness
has brought car and thus the work i. e. the demo of showering of money, will not
be done and once again they should arrange another trip at the time of Bhaubij.
According to the witness, he tried to convince accused No. 2 but it was invain and
.. 47 ..
thus Jagan Patil, Ganapatsheth, and Somnath Patil, returned to Mumbai by
Lancer Car and Bala Pisal and Sachin Pawar returned by bus.
Thereafter it
appears that Rado wrist watch (Court Art. AX) was shown to the witness who
identified the same saying that it belongs to deceased Kerubhai Mali. The witness
was referred with the photograph of victims and without going through the names
written behind the photograph, witness has identified the photograph of Bala
Pisal, sons of Kerubhai Mali, the wife of Kerubhai Mail, and Kerubhai Mali,
marked as Court Arts. AD, C, D, B, and A.
101.
Thus this is the sum and substance of this witness and the second
episode indicates that the accused Nos. 1 and 2 decided not to proceed with the
work since witness Jagan Patil and Ganapatsheth had brought a car with them.
The facts on record warrant that on every occasion whenever the accused were
bringing the victims from Mumbai or Pune, the accused were buying the tickets
and either the accused were disclosing their names or they were giving false names
and they were not disclosing the names of the victims while buying the tickets.
Further it will find that they were not permitting the victims to take the room on
hire in their own name but accused No. 2 was engaging the rooms every time in a
different type like Samir Sonavane, Amit Shenoy and so on. Even the care was
taken to see that the names of victim shall not find in the Lodging Registers. Thus
since the car was brought, the accused were aware that the car will ultimately give
rise to the suspicion and perhaps the cat of the accused will come out of the bag.
Even one more mistake appears to have been done that the room was booked in
the name of Bala Pisal, Amit Shenoy, Somnath Patil in Konkan Plaza. Perhaps
this was one more hurdle in their way and hence, the accused dropped the idea of
extracting the amount since the amount was lying with Jagan Patil and
Ganapatsheth which was kept in the car.
102.
Jagan Patil, it will find that in the first place all the while it was asked whether
witness has any documentary evidence to establish the collection of Rs.
2,80,000/- from Kerubhai Mali and rest of the amount from witness Jagan Patil,
Sachin Pawar and Gharat. Further it will find that the witness was asked about
the evidence of sum of Rs. 3 lacs allegedly arranged by Ganapathsheth but it is to
be noted that the amount was required for illegal purposes and thus when the
amounts are raised for illegal purposes, naturally the evidence of it is not created.
So there is absolutely no substance in the suggestion and on this ground, the
.. 48 ..
statement of witness can not be disbelieved. Even though it is assumed for the
moment that Jagan Patil, Sachin Pawar, Gurunath Gharat were friends of each
other and victim Bala Pisal was also their friend, still this fact can not lead to the
inference that hence all witnesses from all corners of the State, have made a plot
to involve the accused in a false case. The witnesses are coming from Mumbai,
Pune, Wai, and so on and it will be illogical to infer that all the aforesaid witnesses
are deposing false against the accused.
103.
prosecution has examined one more witness by way of additional ring and he is
Dayanand Thorat at Exh. 363(PW-69). From the perusal of his statement, it will
find that he is friend of accused 1 in as much as they both were plying auto
rickshaw in Malad area. It also will find that he was also knowing deceased Sarge
as an Estate Agent and witness-Thorat had referred the Estate Agent to accused 1
in respect to some land transaction. Further it will find that in 2000, the witness
noticed changes in accused No. 1 since accused 1 was wearing gold chain, gold
ring, and wrist watch and on enquiry, accused 1 informed that it was on account
of spiritual power in him.
Accordingly, accused
This is the sum and substance of the statement of the witness and it
.. 49 ..
ultimately warrants that whether Ramjibaba was true person or fictitious person,is
not known but initially under the garb of Ramjibaba and later on, accused No. 1
started conducting the play known as shower of money and was extracting
amount from the people by defrauding them.
examined rigorously and it will find that barring minor contradictions, nothing has
really transpired so as to infer that the witness is tutored or he is on cross terms
with accused 1 or for some other reason, he is deposing against accused 1.
106.
The register of Konkan Plaza and the entries present with serial Nos.
912 and 913 from the register(Court Art. BA) and marked portion at Exh. 121 and
122, read with the report of witness-Dipak Wagale(PW-104) at Exh. 599, his report
at exh. 602 accompanied by reasons at Exh. 603, warrant that A-2 has described
himself as Amit Shenoy and had shared a room with Bala Pisal and Sachin Pawar
shared room No. 5 with Somnath Patil under entry Nos. 912 and 913. The report
of witness-Dipak Wagale makes it clear that above-referred 4 names were written
by A-2 in his own handwriting and even the signature made by him as Shenoy
marked with Q-2/4 has been established to be made by A-2. These entries have
been made in the register on 22.10. and thus it will find that the statement of
witness-Jagan Patil has been duly corroborated with the entries in Konkan Plaza
register at Exh. 121 and 122.
107.
as well Dayanand Thorat, will throw light on the modus operandi of the accused
and it appears that the play gone beyond the control when the persons who have
been defrauded, started chasing accused 1 and then accused changed the modus
and started either taking the victims to Malwan or calling them at Malwan.
.-:- Identification of Dead Bodies -:-
108.
prosecution has relied upon :(i) DNA test conducted by CDFD, Hyderabad.
(ii) Superimposition technique adopted by Expert from the office of
Chemical Analysis, Kalina.
(iii) Evidence of friends, relatives of the deceased.
(iv) The evidence of the independent witnesses.
.. 50 ..
In order to establish the identification of the dead body, the
prosecution has placed reliance on DNA test.
Thus it can
Malgaonkar at Exh. 374(PW-71) have furnished the names of the relatives who
were present on 2/1/ namely Dudhe aging around 80, Dudhe aging around 40,
Mr. Chavan and Mr. Pisal aging 40 each, another Mr. Pisal aging 38, Mr. Mali
aging 38, Smt. Mali aging 60 yrs., Mr. Doke aging 30, Mr. Gavare aging 45, and
Mr. Sarge aging 55. Further, according to the aforesaid two witnesses on the next
day persons byname Mr. Chavan, aging 45, Mr. Dhoke aging 27, Mr. Thakre aging
18 to 19, Miss Swati aging 17, Smt. Chavan aging 45 yrs. were referred to her for
the purpose of extracting blood and accordingly, she collected the blood samples of
the aforesaid witnesses.
111.
Sou. Dipali Dilip below Exh. 374 has deposed that she has been
serving as Lab Technician in the Civil Hospital, Oros and it is in her statement
that the blood samples were to be collected in the vials received from Hyderabad
CDFD by using syringes sent by them. Dr. Shirsat, Dr. Shripad Patil, Dr. Rokade,
Police Officers, Dy. S. P. Khanolkar, P. I. Godbole , P. I. Shirtikar, Police Writer,
Pharmacist-Anilkumar Desai and two pancha witnesses Malgaonkar and Rane
.. 51 ..
were present. It is also in her statement that Civil Surgeon-Kulkarni opened the
sealed packet containing vials and forms and another sealed packet containing
syringes in presence of aforesaid persons.
containing EDTA solution. Thereafter the photographs of the persons whose blood
samples were to be taken, were taken outside the cabin and one by one the person
was sent with the case paper, and witness-Deepali was verifying the name with the
person and was also comparing the name in the case paper. The police then used
to bring the photograph of such person and the witness was verifying the
photograph with the person. The Doctors present there were verifying the M.L.C.
Nos.. The witness-Deepali was then collecting 3 ml. Of blood from vein of such
person. The vial was then duly applied with the screw cap and it was then handed
over to Anilkumar Desai who was affixing the sticking tape over the vial vertically
and horizontally and at the centre. All vials were having paper slips to write down
the name of the person and M.L.C. No.. Thereon Desai was writing the names of
the person on the label of the vial and he was affixing the seal of the Hospital on
the joints of sticking tape.The signatures of two pancha witnesses were taken and
thereafter Prabhu Khanolkar, the I. O. was putting his signature on the top.
112.
Dr. Shripad Patil was filling the forms whose blood samples were
extracted and he was affixing the photograph on the form. Dr. Patil was obtaining
the signatures of the persons whose blood samples were extracted. The form was
also attested by the Attesting witnesses with their signatures and counter-signed
by Dy.S.P. Khanolkar. Thus the forms at Exhs. 330 to 339 were filled in on 2.1.04
and after drawing the samples of relatives of 5 persons on 3.1.04, the forms were
duly filled in by adopting the same procedure and those forms are at Exhs. 341 to
345. The witness has added the list of the persons whose blood samples were
extracted. It is also in her statements that all these vials were kept in the vertical
position in the cardboard box by using cotton balls.
encircled around the box. Seals were also affixed thereon on the joints and they
were signed by the pancha witnesses and Prabhu Khanolkar. The sealed packet
was again wrapped in white paper with the tape affixed vertically and horizontally
around wrapper and the seals of the wrappers were affixed with the tape joint and
the cartoon was numbered as Khoka No. 1 and it was kept in the freezer. Similar
procedure was adopted on the next day while collecting the samples of blood of five
relations and thus on3.1.04 in the evening all the boxes were handed over to the
police by putting those boxes in the vaccine carrier whereas the forms collected
and sealed in the envelopes were forwarded in another sealed envelopes. Thus
.. 52 ..
this is the details stated by Deepali Malgaonkar in respect to the procedure
adopted by her and pancha witness-Uttam Malkar below Exh. 328 has affirmed
the aforesaid facts in his statement before the Court.
113.
In this light, now from the perusal of the Deepali Malgaonkar, it will
find that the witness has admitted that after 8 days, the process of dying the cellls
known as Necrosis begins and therefore, there would not be a good result in cases
of analysis after 8 days. The standardization of the preservative is determined and
the effectiveness of E.D.T.A. is dependent on the mode of storage. She has also
admitted that E.D.T.A. preservative can not be identified by naked eyes.
The
witness inadvertantly has deposed that police has not recorded her statement but
it is a fact that her statement was recorded and hence she came to be examined in
the Court.
The witness has admitted that she was not aware of any special
procedure if required for taking samples of DNA but has affirmed that she has
received directions from CDFD, Hyderabad about the mode of taking samples and
she has admitted that she has not maintained a record of the procedure adopted
by her in taking samples. She has affirmed that she had received a letter from
CDFD, Hyderabad and denied that she has not received any letter issuing
guidelines. It is in her evidence that the police did not obtain her signature on the
relevant day and is in her cross-examination that one police and 3 Doctors were
doing the work of writing, one Medical Officer was maintaining the case paper and
thus the work of filling the forms were divided between 3 Doctors. .
114.
and has affirmed that she does not know what was done with the wrappers on the
syringes and the cardboard box and the packets in which the syringes were
forwarded to the Hospital. Thus this is the cross-examination of the witness taken
at length and after going through the entire rigorous cross-examination, it will find
that there is absolutely nothing on record to infer that either the witness is
deposing false or that the witness has been influenced by the police or that the
witness has not at all extracted the blood samples. So it can safely be said that
the extracting of blood samples of the relatives has been duly established by
examining Dipali Malgaonkar, Uttam Malgaonkar and Investigating Officer-Prabhu
Khanolkar.
Even this fact also has been affirmed by the Medical Officer Dr.
Shripad Patil in the Court at Exh. 172 (para 3) wherein he has affirmed the fact
that Dy.S.P. Prabhu Khanolkar had issued a letter to the Hospital on 2.1.04 which
has been produced at Exh. 174 and on the relevant day the Lab Technician
.. 53 ..
collected the blood samples of 10 persons as well in presence of Dr. Rokade, Dr.
Shirsat, and Civil Surgeon. Lab Technician was Mrs. Malgaonkar. He also has
furnished the list of the witnesses whose blood was collected by way of sample.
115.
With this backdrop, now from the perusal of the statement of Dr. S.
blood samples. Other container had 5 blood samples and 3rd box had bone
samples and bones were packed in the plastic bottles independently. Here it is to
be noted that in his statement before the Court, the expert has specifically
deposed that barring the bones from the bottle No. 4 in respect to the body No. 4,
all other bones were Metacarpal bones of respective bodies kept in separate plastic
bottles. This is material because during his cross-examination the witness has
conceded the fact that inadvertantly in a letter of correspondence, it is described
as rib bone. Now further from the perusal of the statement of the witness, it will
find that the forms sent by his office were duly filled and re-sent to him under
Exh. 330 to 339 and 341 to 345. Further it is in his statement that out of 10
bones received by the office,only 4 were found suitable for the purpose of DNA
analysis. So the samples taken out from the body No. 1, 6, 8 and 9 were found
suitable.
Sindhudurg, to transmit any other body part pertaining to unknown body Nos. 2,
3, 4, 5, 7, and 10. In response, the S. P., Sindhudurg dispatched 6 femur bones of
unknown body Nos. 2, 3, 4, 5, 7 and 10 on 9.3.04. Again on examination, he
noticed that femur bone sent from dead body No. 2 and 7 were workable for the
purpose of DNA analysis and the other samples did not yield suitable.
conducting the test, the witness concluded that :-
After
.. 54 ..
(1) UB No. 1 is biological relative of Mr. D. B. Sarge.
(2) UB No. 2 is biological son of Mr. Vinayak Anandrao Dudhe and also
biological relative of and Mr. Ranjitsing Vinayak Dhude.
(3) UB No. 8 is biological father of UB No. 6, and UB No. 7 was
biological mother of UB No. 6, and also UB No. 6 is biological
relative of UB No. 9.
(4) UB No. 7 is biological relative of Ratnakar Tukaram Doke and
Mohan Tukaram Doke.
(5) UB No. 8 is biological son of Mrs. Yamunabai Nanaji Mali and also
biological related to Mr. Kailas Nanaji Mali.
(6) UB No. 8 is biological father of UB No. 9 and UB No. 7 is biological
mother of UB No. 9 and biological relative of UB No. 6.
117.
The witness has admitted that he can not record his opinion in respect
to the samples of UB Nos. 3, 4, 5, and 10 since the samples sent were not suitable
for the purpose of analysis and minimum markers were not available for recording
the results. The witness has added that minimum 6 locie are required to record
the opinion and he prepared the report. He has confirmed the contents of report
and his signature below Exh. 650. The witness has affirmed the confirmation of
specimen seals and talleying of the seals present on the original letter received by
the office with the seal of Civil Hospital and has produced the said letter at Exh.
651-A. He also has confirmed that the photographs presented with the letter dtd.
3.1.04 were talleying with the copies of photographs of blood donors and has
placed reliance on a letter at Exh. 651B.
118.
the bones samples on 29.1.04 and taken vials of blood samples for the purpose of
analysis. He has affirmed that specimen seals were impressed only to confirm the
blood samples sent in the vaccin containers. It was suggested to the witness that
plain paper paper pack is considered as the only ideal mark to collect the samples
of bone and has added that according to him in non-contaminated container is
ideal container. The witness has admitted that there was telephonic conversation
between the police and his office in respect to collecting of the sample but has
added that it was in respect to collecting the blood samples. It is established from
the statement of the witness that he was not verifying the seals present on the
samples but it was out of the person who was receiving parcels of the samples.
The witness has admitted that he has no personal knowledge about the condition
in which the samples of second lot was received and has denied that the samples
received were contaminated and degraded for analysis purpose.
.. 55 ..
119.
Thus it will find that much stress has been given on the specimen
seals present on the boxes sent by the police, Sindhudurg and thus it is submitted
that due specimen seals present on the boxes were that of police and thus it is
submitted that the procedure was not at all followed and it is not known as to who
tampered with the seals of the Civil Surgeon. However, I am not inclined to accept
the aforesaid suggestion because it is established from the statement of the
Deepali Malgaonkar and Investigating Officer-Prabhu Khanolkar that the blood
vials were initially wrapped vertically and horizontally with the tape, then with the
help of cotton balls the vials were arranged vertically in the cartoon, the cartoon
was also then taped on the joints and then specimen seal of the hospital was
affixed thereon and it was then delivered in the custody of the police by keeping
the same in vaccine container.
another box and sealed the same and affixed their seal on the box. Thus when the
cartoons were received by CDFD office, outer box was consisting police seals and
inner box was consisting the hospital's seals.
Malgaonkar that the process of decaying the blood starts after 8 days from the
date of drawing the sample.
drawn on 2nd
whereas it was taken for use in the lab on the 29th of the same month and thus the
sample was contaminated when it was taken for use. I am not inclined to accept
the same in as much as Lab Technician was not expert on the subject and infact
the matter was required to be referred to the witness S. Pandurang Prasad but for
the reasons best known, this factor has not been asked to the witness and it
ultimately throws sufficient light on the truth.
121.
admitted that kit which was used for the purpose of analysis is known as
AMP F/STR profiler +. He has deposed that he does not know the samples they
were considered before approving this kit in the market by the manufacturer and
he does not know if the above referred kit was used by the manufacturer on Afro
Americans, U. S. and Cocassions.
cum users' manual of the kit, has admitted that the Manufacturers used 195 Afro
Americans, 200 U. S. Cocassions in order to ascertain allellic frequency. He has
admitted that his office had written a letter to the police and sought the
.. 56 ..
information about the caste of the blood donors in order to ascertain the
probability match which is also known as allellic frequency.
122.
Population. Various races like Mangolian, Ethnics, Aarya, Negros, and Sarsenic
and others. However he has denied that no centralized population data has been
conducted by any Institute of Govt. of India and according to him, Central
Forensic Laboratory, Calcutta has prepared a data list of Indian Population .
According him, 3 caste population from Maharashtra was searched for the same
and hence, the witness has used the same data. He has admitted that Maratha,
Deshstha, Brahmins, Chitpavan,Brahmins and Dhanagars from
agricultural
community were examined to the extent of 102, 107, 67, and 80 respectively. He
has denied that the data used by him is not the representative to illustrate allellic
frequency of maharashtra population. He has ruled out the suggestion that the kit
applied was not suitable to Indian Population and has affirmed that the allellic
found in the samples were perfectly matching the allellic study in the kit. He also
affirmed that Calcutta Laboratory considered the allellic and locie in addition to
the allellic and locie studied by the Manufacturer of the kit referred to above and
those additional features were considered in the kit referred by the witness.
123.
profiler plus user's Manual table 1.3 referring to page No. 8 from Chapter 1 and
has admitted that in the locus i. e. D-3-S,1358 is not present in the report of
Calcutta lab but the witness has affirmed that according to him, in the kit
manufacturer has considered the world population allellic and its additional
allellic may be there and has added that Calcutta has been founded on power plex
16 system kit. It is also in his cross-examination that while using the imported
kits to the Indian Population, the theory known as Bayes Theoram is to be applied
and by applying the aforesaid method, one can get the correct posterior. He has
admitted that he has not considered the previous odds from the kits for analysing
the sample and has admitted that to accept any kit for the test,it should have peer
reviewed by the scientific community and has affirmed that the kit used by him is
peer reviewed when it was used in 2004. He has denied that the kit used by him
was not approved by scientific community. He has admitted that CDFD is not the
member of TWGDAF and the satisfactory level guidelines issued by TWGDAF have
been included by CDFD for the purpose of S.O.P. (Standardization of Procedure).
It is established from his cross-examination that police had furnished the details
.. 57 ..
of the body, the names of the relations and the manner in which the body was
found.
sample, the graph of R. F. U. goes down to 150 or less than the same.
124.
less than 150 at the end but has affirmed that it does not affect result of profiler.
When he was referred to the proposition from the document Exh. 661 from
Chapter 9 page 33 and 34 marked with alphabet A. He has admitted the same
and deposed that he does not agree with the proposition that the quantity of DNA
affects the results.
alphabet B red dotted line in respect to UB No. 2 does not contain pit but
according to him,it is a bubble. Further another graph referred to him marked
with alphabet B1 in respect to UB No. 2 is seen and has clarified that those red
dots are not pits. But they are bubbles. He has denied that the reading of R. F. U.
as shown are arbitrary, unscientific and imbalance and finally added that when
there are more than 50% of allellic similarities we called it biological relative. It is
admitted by him that 6 locie of UB No. 7 and 8 talleys with each other. He also has
admitted that even it can not be said that on account of 50% match of genetic
similarities in samples can be relatives of each other.
the reports submitted by him is after all opinion and the Court is not bound to
accept the same. But there should be a sufficient material to deny the report. The
entire cross-examination warrant that the witness has been cross-examined at
length but his statement has not been shaken at least to the extent of his report in
respect to undetected body Nos. 2, 6, 7, 8, and 9. At the most, it can be said that
on account of minimal allellic frequency and graph, the report of the expert in
respect to UB Nos. 1 can be taken to challenge. As against that, now it is clear
that the UB Nos. 3, 4, 5 and 10 are as good as not referred to DNA since the
samples sent were found unsuitable for DNA analysis.
-:- Superimpositions. -:...........
126.
.. 58 ..
belonging to Dadasaheb Chavan, Sanjay Gavare, and Bala Vinayak Pisal,the
prosecution has also placed reliance on the reports submitted by Chemical
Analysis by adopting the super impositions test.
fact, the prosecution has placed reliance on the statement of Police Head
Constable-Arun Jadhav below Exh. 563 (PW-95) who is carrier and who has
deposed that on 5.8.04 P. I. Landage directed him to carry 107 articles, including
the skulls of dead body Nos. 3, 4, and 5 seized in this crime and to deliver the
same to the Forensic Lab of C. A.'s
From the
perusal of his cross-examination, it will find that this fact has not been seriously
challenged by the defence.
127.
Ratnaprabha Gujarathi below Exh. 663(PW-108), it will find that on 6th August,
2004, the office of C. A. received three parcels and 3 envelopes through Constable
B. No. 787 vide letter at Exh. 571.
parcels, she found that all 3 skulls were sent in 3 boxes and they were suitable for
the purpose and 3 photographs were also sent in 3 envelopes and those
photographs were in workable condition.
attached indicating age and sex of the deceased but the witness found that the
details of the missing persons were not furnished by the police.
Hence, the
witness sought clarification to the police and police replied the same vide letter
dated 9/9/04 which was received by her office on 28.9.04 (Exh. 666).
128.
the lab right from 28.09.04 and sent the phortographs to the photography section
where the photograph was taken in front of the camera and picture was seen on
the plate and then the plate was adjusted in order to acquire sharpness in the
picture and the outlines of the picture are marked with the sketch pen on the
plate. Thereafter photograph of plate size was taken in order to super impose.
Thereafter the skull was fixed on the stand in front of the camera by maintaining
the very distance which was maintained while taking photograph from the sketch
and the photograph of adjusted skull was taken and before that the skull was
.. 59 ..
moved horizontally and vertically in order to see that the Anatomical landmarks on
the skull fits into the outline of the photograph, sketched on the plate. The said
photograph has been marked as Exh. 3 in her report at Exh. 629 where part of the
skull stand has been shown.
negative of the skull were super imposed and then the photograph was taken. It
was then followed by the trace of the photograph to the extent of face on trace
paper.
Again photograph of the skull was taken and also its sketch was also
Thus what can be taken from the statement of the witness that 12
different distances drawn on polygone present on skull trace and fix trace, it
should talley with each other correctly.
prepared the report in trespect to the skull MR No. 27, Court Art. No. DO as well
as MR-26-Court Art. DN, the second skull and MR-28-Court Art. DP, 3rd skull.
After conducting the test as referred to above, the expert concluded that the
photograph superimposed of suitably oriented skulls in Exhs. (Exhs. given by the
Expert) 1, 3 and 5 onto the photographs of the face of the victims in Exhs. 2, 4, 6,
respectively show consistency regarding craniofacial landmarks and indicates that
the skulls in Exhs. 1, 3, 5 (DB Nos. 3, 4, and 5) could have belonged
victims in Exhs. 2, 4, and 6 respectively.
to the
same size and counters may talley with the photograph and in that event, the
result may be the same but the witness has added that in that event the sex and
age of the person makes the difference. However, again she has conceded that
police replied two querries but could not inform the expert about the age of Sanjay
Namdev Gavare. Further, according to the witness, by way of abundant caution
age of missing person was sought though the lab can determine the approximate
age of the adult. It is also in her evidence that the information in respect to the
missing person is sex was informed by the police. It is also in her evidence that by
.. 60 ..
the very letter, the office had sought information from police about mandibles of all
the three skulls since the mandibles were missing. However, police replied that
the mandibles were not available. It is in the evidence that formal identification of
person is three dimensional whereas photographs are two dimensional and
witness does not
for the
purpose of
that in
order obtain the best result the photographs all referred to the office should be as
recent as possible and the police did not inform as to when the photographs
referred were taken. It is also in her evidence that the result may vary when the
angles of mounting the skulls are set incorrectly and one of the important
anatomical feature is Nasometal frame. It is also in her evidence that one can
gather idea of muscles on the cheek and chin on the basis of Nasometal frame.
She had added that technique adopted by her does not require to consider
dentition of the skull in order to determine the nature of the lips and the part
below the nose but has conceded that the skull of body No. 4 (Court Art. No. DO)
had no incisors when they were referred to her. In the second skull (DB NO. 5)(
Court Art. DP), 4 incisors right pre molar and left mastiod were absent. It is also
in her cross-examination that in the third skull (Court Art. No. DN)(DB-3) upper
left incisor was not present. However, she has denied that without there being
incisors, the correct determination through superimposition, can not be made.
131.
distance is measured in order to find out the midline and has added that even in
absence of pupillary distance midline can be founded on the nasion point, spinal
point, bonewill point.
She has admitted that she has not considered the inter
pupillary distance to find the midline adding that it was not required. She has
deposed that she does not know if the quality of photograph is affected on account
of retraction of the rays. It is also in her evidence that she has not taken any
training in respect to Anthropology and explained that skull superimpositions is
not part of Forensic Anthropology. It is also in her evidence that she has not made
any study in Anatomy nor she has made any special course in photography but
has denied that she does not have the requisite skull on the requisite subject. She
has denied that the superimposition science has been founded on probabilities but
admitted that findings are subject to probability. She also has denied that when
the evalue of the probability increases above 5%, it is not considered as finding.
She has conceded that sensitivity in relation to likelihood of getting correct match
with ruling of the false negative is accepted as sensitivity and specificity.
.. 61 ..
Specificity ruling out from match in the absence of false positive. She has claimed
that the probability of finding recorded by her is 99.975% but has admitted the
proposition that the reliability of the identification in achieving superimposition
technique has been shown to be 91% indicating the possibility of skull mismatching with face photography belonging to the person other than the deceased.
132.
been established that superimposition is more or less guess work founded on the
probability and photography technique. It is also clear from the evidence that in
the absence of mandible of all the three skulls, superimposition was completed.
Finally it has been established from the cross-examination of the witness that the
witness has not performed or completed the course of Forensic Anathropology,
Anatomy or even the Photography. However, it is also established from the
statement of witness that she is experienced in the subject and as such, gains of
learning by experience, can not be neglected.
statement of the expert as well the report accompanied by reasoning part, it can
safely be said that the prosecution has duly established that DB Nos. 2, 3, 4, 5
belongs to Dudhe, Pisal, Gavare and Chavan,
In order to prove the aforesaid fact, the prosecution has placed reliance
it will find that he was resident of Jalgaon. However, for the purpose of study in
Engineering College, Pune and was earning for his education. His father was
serving as an Executive Engineer in M. S. E. B., Ratnagiri. Since the witness had
.. 62 ..
failed for the first year, he was earning by serving in Private Companies. Initially
he was working in I New Way, multilevel marketing net work Company. There he
came to know Vivek Dudhe , D. R. Jagtap. At the relevant time, he was doing the
work of marketing planSpend and Save.
135.
in Matrix Plan. As a matter of his job,he was increasing the number of numbers
for Matrix plan and D. R. Jagtap introduced Dada Chavan to Yogesh in May, 2003
and they were convincing him and made a member of Matrix plan.
Vinayak
In January, or
February, 2003, Vivek Dudhe introduced a woman by name Khurshit Choksi who
was also dealing in the plant of Mega bio International. Choksi had invested Rs.
98000/- in the Matrix plan of Active net work through Yogesh and he was
interested to invest further amount in the said plan. Accordingly, on 19.10.03,
Yogesh accompanied Mrs. Choksi to S. B. I., commercial International Bank at
Nariman point in Mumbai, and she withdrawn Rs. 3 lacs from her account. They
both returned to Pune on 20.10. and visited the office but its development
incharge-Mr. Indrajit informed Yogesh that sum of Rs. Rs. 4,80,000/- will be the
necessary amount for minimum investment and hence, Yogesh assured her to take
partnership for Rs. 1,80,000/-.
136.
Thus Khurshit Choksi entrusted Rs. 3 lacs with Yagesh. Vivek Dudhe
and Dada Chavan learnt that Yogesh had a cash of Rs. 3 lacs for investment and
witness is searching for partner to the tune of Rs. 1,80,000/-. Thus Dada Chavan
with the help of Gavare and Thorave started insisting Yogesh to pay Rs. 3 lacs and
within 15 days Dada will pay Rs. 6 lacs and on query, replied that Dada has to
receive 20 lacs from land transaction.
persuaded the witness to pay Rs. 3 lacs and thus the witness promised to pay Rs.
3,10,000/- to Dada Chavan.
gathered near Natraj hotel and Yogesh delivered sum of Rs. 3,10,000/-to Dada
Chavan and and also entrusted his phone to Vijaysinha Dudhe with charger. They
informed him that they shall be leaving to Kankavali via Kolhapur in connection
with land transaction. Then the witness left the spot. Dada Chavan gave a call to
the witness at 10 p. m. on the very day and informed that Gavare had arrived and
.. 63 ..
hence, once again the witness rushed to Natraj Hotel at 10.30 p. m..
Dada
Chavan, Thorave, Gavare, Dudhe were present there and more particularly two
more persons were accompanying them and Gavare introduced those two persons
by name Amit Shinde and Pisal and Gavare told that they were also accompanying
them for the land transaction at Kankavali. Thus by 11.30 p. m. victims Dada
Chavan, Gavare, Pisal with accused No. 2, left Pune for Kolhapur by white luxury.
137.
Bala Pisal (Court Art. AD). Thereafter it appears that on 29.10.03, witness-Yogesh
received a phone call at about 11.15 a. m. from Dada Chavan that they reached
Kankavali and once again, for about hour and quarter, Dada gave another ring
and informed that they were staying at Pallavi Lodge at Kankavali.
Further he
Further he
informed that since there is no range for reliance mobile the witness should
contact on the mobile of accused No. 2-Mobile No. 9892202752. Thus thereafter
there was no contact between the witness and Dada Chavan.
138.
phones from brothers of Dada Chavan and he made an attempt to contact accused
No. 2 on his mobile but he was not responding the calls and initially he said that
Dada Chavan and Dudhe had gone with Gavare and they had not yet returned and
he is waiting for them. Then accused No. 1 took mobile and replied that he is
waiting for Dada Chavan and others and this was the last talk between witness
and A1, A2 and thereafter they were avoiding to make a contact to the witness.
Further the facts on record warrant that the witness was called by Washi Police in
connection with missing of Mali family as well as in connection with missing of
Dada Chavan and finally he was also called by Sindhudurg police. The witness
has then furnished the clothes which Dada Chavan and Vijaysinh Dudhe were
wearing when they left Pune.
cream colour full shirt and snuffy coloured full pant whereas Vijasinha Dudhe had
pista coloured full shirt and blue coloured full pant.
complexion and was always wearing silver ring with big white precious stone and
was always wearing cut shoes .
Thus it will find that the witness was well aware of Dada - -
.. 64 ..
Chavan,Vijaysinh Dudhe, Pisal and Gavare and at the time of leaving Pune,
Gavare was introduced with the witness.
Now his cross-examination indicates that Wai police enquired with him
It is also in his evidence that he never felt that Dada Chavan was
indebted and he had no occasion to go to the house of Dada Chavan. He also has
admitted that he did not inform the brother of Dada Chavan that Dada informed
about his residence in Pallavi Lodge, Kankavali. Further it will find that while
recording his statement under Section 164 of Cr. P. C., Judge told him to narrate
the facts in brief in one page. The witness has denied that he is deposing false
about receipt of payment of 3 lacs from Mrs. Choksi.
examination of the witness and it will find that the witness was firm in disclosing
his relations with victims Dudhe, Chavan, and Pisal. It is also clear that while
furnishing the information to Wai police in connection with missing of Dudhe,
witness did not disclose the facts in respect to payment of Rs. 3/- lacs and stay of
victim at Kankavali. But even from the perusal of his entire statement, it will find
that the victims also did not make it clear to the witness that they were going to A1 for the purpose of getting multiplied the money. Hence, it appears that out of
greed of easy money, the witness paid Rs. 3,10,000/- to the victim Dada. There
does not appear any just reason to discard the statement of this witness. However,
it is established from the statement of witness that he was very close to Vinayak
.. 65 ..
Dudhe and Dada Chavan and the witness has identified the cut shoe (Court Art.
AP),white metal ring with stone (Court Art. AO).
142.
at Exh. 108. From the perusal of his statement, it will find that he was resident of
Badalapur and victim Bala @ Vinayak Pisal was his friend right from School days.
Ramesh Pujar, the resident of Badalapur was also there common friend.
Somewhere
witness and Ramesh Pujar about one holi person by name Santoshbaba who was
multiplying the amount and Bala Pisal claimed that he was knowing him and
Santoshbaba would arrange a shower of money and as such the witness and
Ramesh Pujar asked Bala Pisal to ask A-1 to make programme of shower of money
and they shall decide whether amount is to be invested or otherwise. For about 2
to 3 days thereafter Bala Pisal asked the witness and Pujar that whether they are
ready to go to Kankavali on 28.10. to watch the demonstration of shower of money
and invited the witness to Gora Gandhi Hotel at Borivali on 28.10. between 2 p. m.
to 2.30 p. m.. There was a meeting Ramesh Pujar, witness-Bala Pisal and Sanjay
Gavare in the said hotel. The accused No. 2 also remained present and he was
introduced by Bala Pisal.
identified by Bala Pisal. Then the witness learnt from Bala Pisal and Bala Pisal
and Sanjay Gavare were proceeding to Pune and he asked the witness-Lokhande
and Ramesh Pujar to go to Kankavali directly and to stay in Konkan Plaza Hotel
and Bala Pisal and Gavare shall meet there.
143.
Then accused No. 1 and 2 left the hotel. Bala Pisal gave mobile No. of
Sanjay Gavare to contact him. The witness then identified photographs of Bala
Pisal, Sanjay Gavare (Court Arts-AA and AD respectively).
Then witness-Bala
register (Court Art. BA) at Exh. 110, it will find that the witness has established
the fact that on 29.10. he stayed in the room No. 3 of Konkan Plaza hotel with
Pujar. Further, according to the witness on the relevant day, at about 5 to 5.30 p.
m. Bala Pisal came in room No. 3 of Konkan Plaza and informed that the
programme of shower of money arranged on next day and he will come to take the
witness at about 10 a. m. 11 a. m. and asked for Rs. 100/- for his expenses and
.. 66 ..
left the hotel. Now it will find that on 30.10. both witnesses-Lokhande and Pujar
were waiting for Pisal throughout the day till 3 p. m. and then A-2 came and was
enquiring with them whereabout of Bala Pisal and he also stayed with the
witnesses in the room upto 6 p. m. and then A-1 came to the room and at the
relevant time, A-3 was also accompanying him. They also made enquiry with the
witnesses about Bala Pisal and said that they have decided to cancel the
programme since Bala Pisal is not present. Then A-1 and A-3 left hotel whereas A2 waited upto 10 p. m. and then gave ring to A-1.
144.
informed that since Bala had not come, the programme has been finally cancelled
and he provided the tickets of luxury bus to Lokhande and Pujar. Thus A-1, A-2
and A-3 halted at Kankavali whereas witness-Ramesh Pujar returned to Mumbai.
Thereafter from the perusal of statement of this witness, it will find that time and
again, enquiries were made with the witness about Dudhe, Pisal and Bala Pisal's
wife lodged report at Badalapur Police Station whereas complaint of missing of
Mali family was also made with Washi Police and Bala Lokhande was called by
both police including Wai Police for the purpose of enquiry and even the witness
was called in Sindhudurg and his statement was recorded by the police as well he
was referred to J. M. F. C. for recording his statement under section 164 of Cr. P.
C.. The relevant statement is at Exh. 111.
145.
about financial condition of Bala Pisal and Bala Pisal's relationship with his wife.
Bala Pisal was doing the work as an Estate Agent. Further his cross-examination
warrant that the wife of Bala Pisal was always making enquiry with the witness
about her husband and Pradip Pisal and wife of Bala Pisal were suspecting the
witness as a person behind missing of Bala Pisal. He has made it clear that he
learnt about the death of Bala Pisal only after going through the newspaper in 3rd
or 4th week of December, 2003 and when he was called by Badalapur Police.
Further cross-examination of the witness warrant that the witness did not inform
the police the story of shower of money and the fact that they were called to attend
the said programme at Kankavali. He also has not furnished the details of the
dilogues between A-1,A-2 on the one hand and the witness on the other which
took place and about the fact that A-1 provided bus tickets to the witnesses and
asked to go to Bombay.
informing the police that they had been to Malwan to see the agricultural land
.. 67 ..
of A-1. Even he had disclosed to the police that even wife of A-1 had been to see
the said land and the witness and Ramesh Pujar waited for Bala Pisal for Mumbai
since he has not given them lift for Badalapur. Thus it will find that the witness
was suppressing the true story from the police and it appears that it was but
natural since the very object of the visit of the witness was illegal and he was
aware about consequences thereof. Even though it is assumed that the witness
has suppressed the material facts from the police at the time of enquiry of missing
complaint, still it appears that the witness ultimately admitted the facts before
Sindhudurg Police. But the witness has denied that he has been deposing false
that as per instructions of Bala Pisal, he and Ramesh Pujar came from Borivali to
Kankavali and stayed at Konkan Plaza hotel.
146.
said that the prosecution has succeeded in establishing the same. It has been
established that the witness was friend of Bala Pisal and the witness and Pujar
came to Konkan Plaza lodge at Kankavali and stayed there on 29th and 30th
October, 2003. As against that, it has been established
witness-Amit Patil that entry No. 917 is correct
Conductor and he was asked to work as conductor on the same bus while
returning from Kolhapur to Malwan on 29.10.03. The bus started from Kolhapur
at 6.15 p. m., and reached Radhanagari at 7.45 p. m.
.. 68 ..
purchased the tickets of Malwan, said that the group will be alighting from the
bus at Kankavali and accordingly, all they get down at Kankavali. Thereafter the
witness has identified A-2 as the said boy who had purchased the common ticket
for 5 persons.
photographs of 4 middle aged persons who were accompanying the accused 2 and
then the witness has identified the photographs of the victims-DB Nos. 2, 3, 4 and
5 as AA, AB, AC and AD.
148.
identify all the passengers from the bus but can identify some passengers. He can
not give the exact number of passengers travelling for Malwan on 28.10.. It is also
in his statement that police recorded his statement on 8.1.04 and the accused 2
was brought to Police Station on that day at about 8.30 a. m.. He has admitted
that he has not produced the chart or any document to show that there were more
than 5 persons buying tickets of Malwan on 29.10.03 from Kolhapur.
He has
admitted that he has not stated before the police that the said boy aging 25 to 30
requested to halt the bus at Radhanagari for giving ring. Further he has admitted
that he can not tell whether those 4 passengers travelling with boy were carrying
bags, suit cases or otherwise.
witness, it will find that the witness was not knowing accused 2 or victims at any
time in past. It was solitary occasion for the witness to see the victims and A-2
while travelling between Kolhapur to Kankavali. There does not appear any special
reason for identifying A-2 or the victims unless some event or some special reason
was there to remember A-2 and the passengers. The witness was not in a position
to identify any other passenger and thus somehow it appears that though the
witness has supported the case of prosecution, he can not be relied upon as a
trustworthy and reliable witness.
149.
at Exh. 88.
Kankavali. He has been serving for last 13 years. According to the witness, on
25.12.03 police came to his lodge for making enquiry. They examined the Lodge
Registers and were searching the name of Amit Shenoy. The relevant entry was
found in the register against the entry dated 29.10.03. According to the witness,
on 29.10.03 at about 11 a. m. 5 persons had been to his lodge. They were
.. 69 ..
enquiring about the room and room No. 5 was provided to them since it had 5
cots.
charges against 5 persons. The witness has identified A-2 in the Court Hall and
claimed that he had signed the register for and on behalf of all. Thereafter the
witness has referred his Lodging Register marked with Court Art. AM page No. 76
and has referred the entry wherein words Amit Shenoy, age 21 yrs., appears. The
date of arrival was shown as 29.10.03. The relevant entry is made in English
which is at Exh. 89. According to the witness, on the next day at 9 a. m. all these
persons left the room and at the relevant time, the person disclosing himself as
Amit Shenoy handed over his air bag to Aappa Rane and asked him that he shall
collect the bag subsequently. Thereafter all of them left the Lodge.
150.
message to attend
at 9 a. m. he handed over the charge to Amit Talavadekar and again came to the
Lodge in the evening but has admitted that he came in the evening and enquired
with Ashok Talavadekar whether Amit Shenoy has taken away his handbag and
Talavadekar replied in the affirmative. Further he has clarified that on that day he
came to the lodge at 4.30 p. m. and thereafter gone outside for cup of tea. The
witness was contradicted on this point by referring to his statement recorded by
the police but at the most, it can be said that it is in relation to the event in
respect to delivery of handbag of accused 2. It is also in his statement that on
25.12.03 police showed him the photographs of the deceased and identified the
persons showed in the photograph though the clothes on the persons of the
victims, were different than the photographs when they came to the Lodge. The
witness has deposed that he is not in a position to identify the faces of dummies
from T. I. Parade. Further he has admitted that he can not remember the faces
.. 70 ..
and description of the passengers who resided in the Lodge for about 10 days'
back but has denied that he is deposing false that he identified A-2 and A-3 in T.I.
Parade.
He also has admitted that a receipt book has been maintained and a
upon in as much as it is not possible for any person to recollect the faces of the
passengers attending the Lodge even after 10 days. True it is that there appear
little substance in the statement but the witness-Rane has been serving in the
Lodge for 13 years. He is experienced and matured in the said service. So there is
reason to believe that he may have recollected the face of at least A-2 and this fact
has been supported by the fact that the witness identified A-2 in T. I. parade.
153.
Chavan, Fattesinh Dudhe, and Jyoti Gavare, the witnesses-the close relations of
the victims as PW-97, 98, 63, and 80.
154.
On 28.10.
Vijaysinh gave ring from Pune on mobile of Vivek that he is returning very soon.
Since he did not return, the witness and other family members, started searching
.. 71 ,.
operation and hence on 1.11., the wife of Vijaysinh, lodged missing report at Wai
Police Station,Dist.-Satara. Further, according to him, while leaving the house,
victim Vijaysinh was wearing a faint yellow full shirt and grey coloured pant, wrist
watch of Citizen make, also wearing black canvass shoes without lace, and silver
ring with white stone. His face was similar to the face of witness and all brothers
had typical gap between two frontal upper teeth and that was mark of
identification. Further his statement warrant that on 21.2.03 on information by
the police, he rushed to Civil Hospital Oros. It was around 5 p. m. He was shown 7
dead bodies and asked to identify the dead body of his brother if it is there and the
witness identified body No. 2 as dead body of his brother. Further the witness has
added that the face was not in an identifiable condition but he identified the body
on the basis of gap in the central teeth in upper jaw silver ring with white stone,
black canvass pump shoes and clothes. The witness has identified the Court Art.
AO-silver ring, single shoe-Court Art. AV, wrist watch-Court Art. CV, as the
articles belonging to deceased Vijaysinh.
155.
on material points, the witness has added that he does not recollect whether he
had stated to the police that Vijaysinh had taken mobile of
Yogesh Dhake .
Further he has not stated to the police that Vijaysinh had taken mobile of Yogesh
and he can not assign any reason why it is present in his statement. It is also in
his evidence that during one month prior to 26.10.03 the brother-Vijaysinh had
not gone out station. He has also deposed that from 28.10. till the date of seeing
the dead body of Vijaysinh, Vivek had suppressed some material facts about
Vijaysinha from him. It is in his evidence that the dead bodies were shown to him
by the police when post mortem was in progress, he saw in all 7 dead bodies. They
were kept in a single room. The articles like ring, shoes were not on the body but
they were kept by the side of the body.
that he had not stated the fact to Washi police that while leaving the house,
Vijaysinh was wearing yellow shirt and grey coloured pant, wrist watch of Citizen
make, black canvass shoes.
identification mark on the wrist watch-Court Art. CV. But has denied that the
canvass shoe-Court Art. AN does not belong to his brother.
cross-examination, it will find that the witness has identified the dead body of his
brother. The witness is real brother of Vijaysinh. It is also in the statement of the
witness-Yogesh Dhake that witness-Vijaysinh was black in complexion and silver
ring with white precious stone, was prominently appearing on the person of
.. 72 ..
Vijaysinh. Further the black cut canvass shoe was the typical shoe which always
were used by the victim. Witness Fattesinh being a real brother who was residing
with the deceased, it can safely be said that he was well versed with every article of
the deceased and as such, there does not appear any reason to disbelieve the
witness in respect to identify the dead body of his brother on the basis of articles
found on the person of the deceased.
156.
has examined Jyoti Sanjay Gavare, the widow of victim-Sanjay Namdeo Gavare
(DB-4).
From the perusal of her statement, it will find that he was knowing
It is in her statement that Pisal, Thorave and one Ratnakar were the
identified photographs of Bala Pisal and her husband as Court Art. AD and AA.
The witness has also identified other two photographs of her deceased husband
marked with Court art.AA-1, AA-2. It is in her statement that on 25.10.03, he left
the house at 4 p. m. with Thorave and again he came back at 11.30 p. m.. Again
he left the house and since then he hasnot seen.
On 28.10.03,
the witness
received a phone call of her husband that his financial work has been done and he
would return within two or three days.
enquired about the daughters and their well being. Her husband was maintaining
mobile phone No.31065433.
It is also in her statement that even in past, her husband was residing
away for long period in connection with land dealings. Since her husband failed to
come back within 2 months, she made enquiry with her relatives and also reported
to her maternal aunt's son who was Municipal Councillor of Chinchvad Municipal
Council. On 22.12. the witness learnt from Sunil that he was informed by Nigadi
police that 7 dead bodies found on the hill of Nandos from Sindhudurg District
and he was asked to verify the dead bodies.
informed that the dead body has been sent to Miraj and accordingly, her statement
.. 73 ..
was recorded on the relevant day.
158.
On 1/1/04 the witness was called with her father-in-law for taking
blood sample and accordingly, on 3.1.04 the blood sample of her father in law was
taken alongwith photograph. On the relevant day, she supplied the photograph of
her husband. On 25.3.04 she was called by police at Oros to collect the dead body
of her husband and her father-in-law received the dead body. The witness, when
referred to the clothes of the deceased, has identified the clothes of her husband
as bluish black full pant, soiled white full shirt, and black belt, the rubber ring
and 7/12 extract. The rubber ring is Court Art. FO, the belt-Court Art.-DB-4-A,
7/12 extract (Court Art. EG), full shirt(Court Art. EP), and the pant(Court Art. DB4-L) and handkerchief(Court Art. DB-4-M).
159.
month after departure of her husband, she realized that her husband is missing
and she felt that she should lodge complaint with the police but she had also
hopes that her husband would return.
contacted her cousin-Sunil Chinchavade. She did not make any attempt to take
search of Thorave and Pisal.
personally seen her husband when he left the house lastly and what clothes he
was wearing and what articles he was carrying and again she has deposed that
she had seen her husband while leaving the house and had seen the clothes he
was wearing and the carry bag. The witness has narrated that she has learnt it
from her brother. Further it is in her statement that on 26.12. she did not see the
dead body of her husband and it did not happen that on 26.12.03 she had gone to
Miraj to watch the dead body of her husband and the articles and police informed
that her husband's dead body and articles were sent to Miraj.
recollect whether she had not seen the clothes on 26.12.03 as those were seen at
Miraj but again affirmed that she had seen clothes on 26.12. and has added that
she was planning to go to Miraj to see the dead body and the articles.
160.
It is also in her statement that she knows Joyas @ Bela Nivenkar. She
has admitted that she as well as her husband were acquainted with her but has
denied that before his missing, her husband had deserted her and her husband
was staying with Joyas @ Bela at Saint Tukaram Nagar Pune. She has denied that
her husband had obtained loans from several persons and those persons used to
see the witness and her father. It was suggested that there was a complaint of
.. 74 ..
assault to the several members of M.S.E. B. against her husband and on account
of behaviour of her husband, the electric connection of Mrs. Bela was cut off.
Thereafter the witness has been cross-examined at length but she has denied all
the suggestions. It is in her evidence that her husband hails from Gavarwadi. His
parents are alive. His brothers are residing at Gavarwadi. The witness cohabited
with her husband for 3 years from 1996.
premise. The witness has been serving in the school at Akurdi from 1998-99. The
house at Dattanagar was owned by Thanekar who was sister of her brother's wife.
The witness has added that she was not called by the police from Badalapur and
affirmed that her husband was visiting the house of Bela. She has denied that
police recorded her statement in connection with missing of Pisal and has denied
that she has stated to Badalapur Police that her husband was residing with Bela.
Thus despite searching cross-examination, the witness has denied all suggestions
and as against that, the defence has not produced any documentary evidence nor
succeeded in making out a probability to warrant that witness was not concerned
with her husband for years together and she has been falsely supporting the case
of prosecution.
161.
husband alongwith her daughter and had he been living with Bela, definitely the
witness would not have attended the Court to depose in favour of her deceased
husband and naturally either she would have avoided to attend the Court or if
attended would not have supported the case of the prosecution. But the fact that
she attended the police with her father-in-law and her attending the Court
ultimately warrant that the witness was in touch with her husband till missing of
her husband and the witness can confidently identify the articles of her husband
being the articles of loved one.
162.
The prosecution has also examined two witnesses namely Pradip Pisal
and Vinayak Chavan as PW-97 and 98 at Exhs. 575 and 579. Witness-Pradip
Pisal is brother of Vinayak Pisal-DB-5. According to him, Vinayak was residing at
Kulgaon, Badalapur with wife and son in Parigandha Apartment, room No. 4. It is
in his statement that 3 brothers had no relations in Kankavali area and his
brother-Vinayak-DB-5 was running a hotel in partnership. On 15.11.03 he
received a phone call of wife of his brother-Vinayak that Vinayak was out of house
from 28.10.03 and he also learnt from the wife of Vinayak that Vinayak left home
on 28.10.03 with R. D. Pujar and Bala Lokhande with the message that they are
.. 75 ..
going to Borivali to see accused-Santosh. He also learnt from her that Vinayak
had taken one more pair of dress with him. Hence, he asked details of the clothes
and learnt from the wife of the deceased-Vinayak that deceased was wearing grey
white shirt with checks and blue jeans pant and pair of shoes. The witness has
also deposed that wife of Vinayak made call to A-1 but he was out of station and
hence, the wife of the deceased went to the house of one Raju Mahajan, the other
friend of Vinayak and from his landlord made a call to A-1 and the phone was
received by A-1 and the wife of deceased had a talk with A-1. Thereafter Pujar and
Lokhande came her house and assured that Vinayak will come back soon.
However, since Vinayak did not return, the witness personally went to Badalapur
Police Station and by informing said fact to the police,suspected about Lokhande
and Pujar. They were called in the Police Station but police could not trace out
Vinayak.
163.
Later on, Washi police called the witness in order to take search of Mali
family. Then on 22.12.03 while watching E.T.V. Channel, he saw and heard the
news of discovery of dead bodies at Malwan and also saw the name of his brother
in the bottom strip.
There
pant(Court Art. DB5-A), his torn shirt(Court. Art. DB5-B), pair of shoe (Court Art.
EO). During his cross-examination, the witness has affirmed that his deceased
brother-Vinayak was appearing in the same shape as has been shown in
photograph(Court Art.-AD).
learnt from the wife of Vinayak that Pujar and Lokhande has informed her that
Vinayak was with accused 3-Yogesh and Sanjay Gavare and they may come back.
He also has not stated to the police that wife of Vinayak tried to call accused 1Santosh.
164.
Finally he has admitted that all informations were not informed to him
by the widow of Vinayak when he saw her on 16.11.03 and he admitted the
.. 76 ..
contents of his statement recorded on 24.12.03.True it is that there are certain
contradictions in the statement of the witness. Basically one should not forget the
fact that the witness is real brother of the victim. The witness is examined in order
to identify the dead body or the particulars found on the dead body. The witness
has duly identified those articles and claimed that on the foundation of the articles
found on the dead body, he claimed that it was the dead body of his brotherVinayak. He has affirmed that it did not happen that he saw the dead body of
Vinayak in Miraj Hospital and identified the body and PSI Yadav recorded his
statement. As against that, it is evident from the statement of PSI-Vijay YadavPW-122)(Exh. 711) that infact on 24.12.03 the articles on the dead body on DB-5
were shown to witness-Pradip Pisal within the premises of Railway Station of
Kolhapur, during night hours as body was lying in Miraj Hospital, Miraj but
inadvertantly PSI-Yadav while recording the statement alleged that body was
shown to the witness instead of articles on the body.
admitted the said mistake in his statement before the Court. Further from the
perusal of portion marked with alphabet A it will find that the same has not been
referred in the statement of the witness in verbatim yet the sum and substance
therein has been recorded before the Court and as such, no more weightage can
be given to the aforesaid omission o so called contradiction since it is not in
relation to the point at controverse.
165.
Finally from the perusal of the statement of Vinayak Chavan, the close
relative of Dada Chavan-DB-3, it will find that he saw his brother-Dada on last
occasion on 26.10. at Swarget near Natraj Hotel. At the relevant time, his brotherDada told him that he was going to Ratnagiri. He was wearing green colour pant
and chocolate colour shirt. Hence, the witness provided the telephone No. of his
friend-Arjun Jadhav to Dada Chavan in order to keep contact with the witness.
Since nothing was heard about his brother-Dada for 8 to 10 days he enquired with
parents at Jevur as well as asked his friend-Arjun Jadhav but learnt nothing
about Dada.
Credit Cooperative Society and hence,he may have left the house.
But on
21.12.03 he learnt from his friend-Arjun Jadhav that he received a phone call from
Sindhudurg police that they have received some dead bodies and they also found
one telephone diary wherein the name of Arjun Jadhav was noted and hence,
police rang him and asked to attend Sindhudurg Police Station.
166.
.. 77 ..
vehicle.
His wife, wife of Dada, wife of Bhimrao and police took them to Civil
Hospital. It was around 6.30 p. m. to 6.45 p. m.. Police showed them 5 dead
bodies and witness identified the body No. 3 on the basis of clothes and chappals.
Thus they stayed in Sindhdurg for a day or two and went to Pune.
Again on
31.12., they received a phone call and asked to attend Oros for collection of blood
sample for DNA test. Accordingly, the witness attended for the said purpose and
his blood sample was taken on 21.1.04. Further it is in his statement that on
26.12.03 he had been to Oros alongiwth photograph of his brother-Dada and he
supplied the photograph to Police(Art. AC). Further he has affirmed that he was
well versed with handwriting of his brother-Dada when diary was shown to him
(Court Art. EC) and he also has affirmed that even on page meant for taking
numbers and the names starting with alphabets C, and D, the name of Yogesh
Dhake and Santosh Chavan has been written with the phone numbers and has
claimed that it is also in his handwriting and his brother-Dada.
167.
Witness was also referred the another diary of Dada which was seized
his creditors deceased brother was leaving the village continuously for few days or
always in every month. He also has admitted that since his last days his brotherDada had no source of income but has denied that during his last days, brother
Dada was mentally depressed on account of huge unpaid debts. He has admitted
that he made enquiries with friends and relatives but did not lodge complaint with
the police. In his cross-examination, he has affirmed that he saw the dead body of
Dada in Oros Civil Hospital on 21.12. and found that belongings found on the
person of Dada were kept adjacent to his body.
inform the fact to the police that he had given the telephone number of Arjun
Jadhav to deceased Dada and it was noted in his diary in his presence. He has
admitted that when he saw the dead body, the diary (Court Art. EC) was not
shown to him and he saw the diary on 23.12. when police recorded his statement
and he has affirmed that the name of Dada Chavan is not present on the diary. --
.. 78 ..
However, after considering the entire cross-examination of the witness, it will find
that on account of certain minor contradiction, the case of the prosecution has
been strengthened than weakening the same and it is proved to the satisfaction of
the Court that witness-Vinayak Chavan has duly established that he did identify
the dead body of his brother-DB-5-Dada Chavan.
169.
within 5 minutes and he carried two unknown persons and A-2 from Kankavali
and in between on account of mobile ring, A-3 asked to park the rickshaw and A-3
went outside and during this time, the witness asked the passengers where-from
they have came and the passengers informed that they have came from Pune.
Their names are Dudhe and Gavare and they were proceeding to Santoshbaba. At
this juncture, A-3 picked up the auto rickshaw, asked to drive the auto rickshaw
to
Katta. Then A-3 and those two unknown person alighted from the auto
rickshaw and A-3 asked again to go back Kankavali and to bring Amit. Hence,
once again he went to Pallavi Lodge and Amit was watching for rickshaw and A-2
went to Pallavi lodge and brought two unknown persons and witness brought to
those persons at Katta. At Katta, Santosh paid him Rs. 300/-. Thus this is the
sum and substance of statement of PW-5-Sachin.
170.
was made to contradict the witness from the statement made before the Magistrate
and the deposition of the witness recorded in the Court and all along the witness
was making an attempt to state that he carried all these facts to police and police
recorded his statement to that effect but the Judicial Magistrate while recording
.. 79 ..
his statement warned to be brief and hence, he narrated only material facts to the
Magistrate of Kankaval. Now even though it is assumed for the moment that the
witness has exaggerated the story, still it will find that there is no plausible reason
on record to infer that the witness is on cross terms with A-1 or A-7 and hence, he
has been deposing falsely against them.
episode that when the witness learnt about the ignition problem of Sumo
belonging to A-1, the witness visited the house of A-7 with 10 persons by two auto
rickshaws and by giving push, the engine of Sumo was put into motion and then
witness left the spot. It is also in his evidence that he too visits the house of his
parents as well the house of A-7 during Ganesh festival.
Thus on considering the aforesaid facts, it will find that the identify of
the deceased, victims have been established through the articles found on their
person as well as by seeing the dead bodies by the close relations and friends of
the victims. The accused and victims have also been identified by lodge occupierAppa Rane. Further it also has been established through the statement of Sachin
that he was the person who carried the victims by auto rickshaw from Kankavali
to Katta with A-3 and A-2. Even the report of Ratnaprabha Gujrathi, Expert, it
has been established to the satisfaction of the Court that DB-3 to DB-5 have been
proved to be the bodies of Dada Chavan and Sanjay Gavare and Vinayak Pisal.
Thus the aforesaid circumstances ultimately warrant that the prosecution has
established the case to the satisfaction of the Court that the victims were brought
upto Katta and they were lastly seen with accused 2 and 3. Thereafter the victims
have not been seen by anybody.
Sindhudurg.
whereabouts of the deceased since it is a fact within their special knowledge and
the defence has failed to record any plausible explanation to establish that the
aforesaid persons are alive or that they are absconding or that they have been
murdered by some-one else.
the prosecution has examined near about 20 pancha witnesses. The prosecution
.. 80..
has came out with the theory that the accused 1, 2, 3, and 5 as well accused 4
and 7 whilist in police custody, made certain voluntary disclosures and in
pursuance of that disclosure, showed the place wherefrom the objects were
recovered. Thus since the aforesaid objects have been recovered on the disclosure
made by the accused, according to the prosecution, this is one of important
circumstantial evidence.
173.
In order to prove the aforesaid fact, the prosecution has examined the
On 26.12.03 the
aforesaid witnesses were called by police in Malwan Police Station where the
accused No. 1 was in police custody who made voluntary disclosure in respect to a
gun as well the name of the person to whom the same has been disposed off and
accordingly, the memorandum in the form of statement of accused 1 came to be
recorded under his signature and the pancha witnesses attested the same.
In
he acted under the influence of his immediate boss to favour the police. He also
has denied that he signed the papers in the Police Station and on account of direct
influence of his boss, he has been deposing against the accused. Thus it will find
that the statement of this witness made on oath in respect to memorandum
founded on the voluntary disclosure and production of article in pursuance of
memorandum has been duly proved.
expected to examine independent pancha witness and thus the statement of both
pancha witnesses is not reliable. True it is that as far as possible, local pancha
should be examined.
.. 81 ..
caution.
examined will not be sufficient to discard the the statement of the witness.
175.
Babaji at Exh. 49. From the perusal of his statement, it will find that on 23.12.,
25.12., 26.12., 27.12. and 14.1.04, the police called this witness to act as pancha
witness alongwith other pancha witness and on 23.12., the accused 1 made
voluntary disclosure in respect to the place where iron rod and some parts of cut
gun were concealed at Gaonkarwadi. Thus memorandum was drawn under the
signatures
of
pancha
witness
and
accused
and
in
pursuance
of
said
memorandum, the accused led them police and pancha witnesses to Gaonkarwadi
near the house of accused 7-Suryakant and then they proceeded to Gadhi and the
accused 1 produced one iron rod, one part of gun with two barrels and some parts
and one butt, the part of muzzle loader gun, were produced from and beneath the
black berry bush and all these articles came to be seized under panchanama Exh.
51.
176.
disclosure in presence of pancha witnesses and expressed his desire to show the
place where he burnt the clothes and papers and accordingly, memorandum of
statement of accused 1 was drawn under the signature of accused and pancha
witnesses and in pursuance of that statement, once again, the accused led police
and pancha witnesses to the house of Gaonkawadi near the house of accused-7Surykant and he took them to the spot known as Babacha Amba and showed the
spot where ash was present and on taking search of ash, hooks of the pant were
found on the spot and police seized the same by drawing panchanama at Exh. 53.
177.
drawn and in pursuance of that memorandum, the accused, led the police and
pancha witness to the place known as Gadhi at the hillock of Nandos and
produced one grey coloured brief case which was concealed in bush.
It was
broken and containing part of daily newspaper Navakal dtd. 13.11., Talisman
with thread, blood spots were present on the outer side of the brief case and those
articles were seized under panchanama at Exh. 55. On 27.12.03, it was accused 3
who whilist in police custody made voluntary disclosure of the place where he
.. 82 ..
concealed the jacket.
signature of accused 3 and accused 3 led police and pancha witnesses to the said
spot known as to the house of A-7 and he went in the house and from one room,
accused No. 3 brought a suit case and opened the same wherein one jacket which
was kept in carry bag below 5 pants and shirts, was produced. A jacket was blue
in colour. It had blood stains. Further the jacket has no lower lace. One visiting
card of accused 1 was also found there and those articles were seized under
panchanama.
178.
witness into Malwan Police Station where accused No. 1 was in police custody and
he made a voluntary disclosure expressing his desire to disclose the place where
the waist belt and shoes of victim Thakre were concealed and in pursuance of that
memorandum, accused No. 2 led the police and pancha witness to the spot known
as Nandos Revatiwadi and accused 1 proceeded further and by putting his hand
inside the bamboo cluster, produced pair of sandals and waist belt made of leather
and police seized the same under panchanama of seizure at Exh. 60.
179.
From the perusal of his further statement, it will find that on 10.1.04,
accused No. 1 made a voluntry disclosure to show the spot of offence but needless
to state that the memorandum and recovery of article under section 27 relates to
the facts distinctly related with the place and recovery of the object and thus when
there is no recovery, the same can not be brought within the ambit of Section 27 of
Evidence Act since section 27 of Evidence Act has been founded on the doctrine
relating to the confirmation and this confirmation relates to voluntary disclosure
made by accused in respect to the place where the object has been concealed and
the confirmation confirms when the object has been recovered from the very place.
Thus what is the confirmation is the place and what is produced is the object.
Thus without there being object, Section 27 of the Evidence Act has no
application.
180.
statement of the witness, it will find that as usual credibility of the witness has
been attacked alleging that the witness is a stock witness of police. The witness is
involved in criminal cases and is always favouring the police.
The witness is
reporter of the newspaper and hence, he has to visit the Police Station time and
again and hence, he is supporting the police. The articles produced were not
.. 83 ..
properly sealed, if sealed they were not properly waxed, if waxed, the labels were
not properly affixed and so on.
181.
above, is a rule of caution and not a rule of law. He may be usual pancha witness
of a particular Police Station but the defence has to expose so as to establish that
he is not worthy of credibility of the witness. Thus when the statement made by
the witness has been duly corroborated with the articles on record, it is clear that
the statement of such witness can not be discarded on one or other ground. What
is more important is that the aforesaid articles were referred to Chemical Analyst
and the Chemical Analyst has recorded his opinion on Chemical Analyst's report
at Exhs. 616 wherein it has been clearly observed by Chemical Analyst that he
noticed human blood on the body of the muzzle loader, knife, barrel of the gun,
and so on.
182.
It is to be noted that I was taken to the fact that in the envelopes where
some articles were kept additional slips containing names of the pancha witnesses
and their signatures were found kept in and it was submitted that a buffer stocks
of labels and slips with the names of pancha witnesses and their signatures were
already prepared by the Investigating Agency and inadvertantly the additional slips
were also kept in the envelope in which the seized articles were found. True it is
that, this practice needs to be deprecated. However, the facts on record warrant
that the additional slips found in the envelopes were not used and the envelopes
referred had the slip which had signature of the pancha witnesses examined.
After considering the width and breadth of the case in hand, it is clear that such
laxity is permissible provided so far it is not causing prejudice to the defence.
183.
Bodaye at Exh. 75 in order to prove the recovery of knife from A-5 and according
to the witness-Surendra, on 5.1.04 whilist in police custody, A-5 made voluntary
disclosure and expressed his desire to disclose the place where knife has been
concealed.
.. 84 ..
184.
alphabets-A-1 and A-2 from the panchanama and the witness has stated that he
has not stated those contents of panchanama but from the perusal of those
contents, it will find that it is a formal description of the crime No., names of the
Police Officers, and Constables who were present at the time of panchanama. It is
the general practice that a panchanama is always written by the police personnel
and the substance of the panchanama is read over and explained to the witness,
though it is written in the panchanama that the panchanama is written under the
instructions of the pancha witnesses. So the portions marked with A-1 and A-2
can not be said to be contradiction or omission and definitely the same cannot be
said either to be admission or suspicion, the benefit of which can be given to the
witness.
PW-25 (at Exh. 159) as pancha witness. From the perusal of the statement of this
witness, it will find that he is businessman dealing in sale and purchase of the
building material at Borivali west. On 30.12.03 he was called by M.H.B. Police
Station to act as panch witness. He noticed that A-5 was in the custody of police.
Shinde expressed his desire to show the shop of goldsmith to whom he sold a ring
of gold and accordingly police recorded statement of the witness in the form of
memorandum.
police. The accused led the police and pancha witnesses near the lake at Eksar
near Bhavdevi temple and led to the house of one Goldsmith and on knocking the
door, he opened the door, saw A-5 and at the direction of A-5, he brought ring of
gold from the house and delivered the same to the police. He also produced one
book containing the carbon copy of the receipt. Police seized the carbon copy as
well as ring under panchanama at Exh. 161. Thereafter A-5 made a disclosure
that through his father,he has paid Rs. 50000/- to a person by name Patil and led
the police and pancha witness to the house of Patil and on asking by A-5, Patil redelivered cash of Rs. 50000/- to the police and it was seized under panchanama at
Exh. 162. A-5 then led the police to his house and asked his mother to produce
Rs. 50000/- given to her and the mother of A-5 produced the amount and police
seized the same under panchanama at Exh. 163.
black in colour and one T shirt of purle colour, one pass book of Maratha Bank,
one underwear or half pant from the cupboard and police seized under
panchanama Exh. 164.
.. 85 ..
186.
versed with Marathi but the police-men were translating the contents of
panchanama in Hindi. He has denied that the statement of A-5 or contents of
panchanama were not translated to him by the police. Further, according to him,
the gold ring was packed in Khaki envelope present before the Court.
The
envelopes were labelled by the police with the signatures of pancha witnesses.
This work of labelling envelope was completed in the house of goldsmith Garate.
He has also deposed that he does not know why police did not record
memorandum of A-5 and statement of Hariram Patil but it is to be noted that
seizure of Rs. 50000/- from Hariram Patil, seizure of Rs. 50000/- from mother of
the accused, is not part of memorandum under section 27 of Evidence Act but it is
mere seizure under seizure panchanama.
187.
Exh. 141 and from the perusal of his statement, it will find that he acted as a
pancha witness by attending MHB Police Station on 30.12.03 and accused No. 1
was in the police custody who expressed his desire to show the place where a ring
of gold and chain of gold has been concealed and also disclosed the said place as
Mhatre Chawl. His statement was recorded in the form of memorandum and in
pursuance of that memorandum, accused 1 led police and pancha witness to his
room at Mhatre Chawl and accused 1 produced from one plastic satchel
containing chain of gold and a ring of gold which was concealed in a gap of roof
and rafter. The chain had a pendant and on one side of the pendant, a statue of
Lord Ganesh was carved and on the other, statue of Lord Tirupati and a chain was
like wire. The ring of engraved idol of Lord Ganesh was also produced. Police then
called goldsmith Garate who verified the genuineness of the articles, obtained the
certificate and seized those articles under panchanama.
house of accused was completed and thereon two pass books standing in the
name of Sangita More and Amit Shinde of Maratha Cooperative Bank and
Maharashtra Bank came to be seized.
188.
and ring of gold were not packed in the envelope in which they were produced
before the Court and those articles were not kept in the plastic satchel.
The
witness was resident of Malwan and he had been to Mumbai in order to see local
leader and he saw I. O.-Prabhu Khanolkar who took
him to M. H. B. Police
Station. Further it will find that the witness was asked right from east west about
.. 86 ..
the details of the house of accused 1 and the witness has furnished the
information in accordance with his memory. It is also in his statement that he has
been involved in 2 to 4 criminal cases but has claimed that they are on account of
political agitations of Rasta Roko. It is also in his evidence that he was tried in
Sawantwadi Court for an attempt to commit murder but was acquitted. He has
admitted that he had good relations with the police and has admitted that the
panchanama does not disclose that the accused was in veil.
about the voluntary disclosure made by accused and production of the articles by
the accused.
189.
the facts as stated by Councillor-Ashok Todankar and has admitted that A-5 was
brought to his house by the police and at the instance of accused 5, he produced a
gold ring and carbon copy and then he went to house of accused 1 and after
asserting the genuineness of the ornamental gold, issued a certificate. Then in
his cross-examination, he has affirmed the fact that he had purchased ring of gold
for Rs.1000/- from accused 5 under receipt and the entry is present in the bill
book about the purchase of ring from accused 5. He has admitted that police did
not seize those bill books and receipt from him. He has denied that the ring of
gold-Court Art. BL was purchased by him on 30.12.03 from Ramesh Jwellers.
190.
recovery of Rado Wrist Watch belonging to deceased Mali. The prosecution has
also examined witness-Janardan Ambekar as PW-48 at Exh. 267.
From the
.. 87 ..
creditworthiness of the witness.
191.
47(Exh. 265), it will find that he has conceded the fact that said wrist watch was
kept by the accused with him and at the direction of A-5, he produced the said
wrist watch before the police and police seized the same. The cross-examination of
the witness warrant that the witness has affirmed the fact that he was knowing
accused 5 right from school days since they were studying upto 10th standard and
accused 5 then opened a rationing shop whereas accused 2 was his cousin and
visiting the house of the witness for the purpose of delivery of food-grain. Further
it is in his evidence that there was a public discussion on the subject of arrest of
both Shindes in connection with serial murders.
Vishwanath Yadav, Chetan Raut and Janardan Ambekar, the prosecution has
succeeded in producing the ring of gold, chain of gold and ladies ring of gold and
Rado Wrist watch through accused 1 and A-5.
193.
29(Exh. 176), it will find that on 2.1.04 , accused 1 was in police custody. He
made voluntary disclosure and expressed his desire to show the place where butt
of gun has been concealed and shall disclose the place and his statement came to
be recorded under his signature in the form of memorandum.
The panch
witnesses attested the same and I. O.-Prabhu Khanolkar countersigned the same.
In pursuance of that statement, accused led the police to the house of Appa
Shridhar @ Tukaram Gavade near Dharvas hill, at Gaonkarwadi Nandos and there
Santosh led police and pancha witnesses in between two trees and produced a
butt of gun from the grass. It was black in colour, 3 to 3 and half ft. in length.
The same came to be seized(Court Art. CE) under panchanama at Exh. 178.
194.
Again on 11.3.04 the witness was called in the Police Station between
1.30 to 2 p.m. And he was informed by Gosavi that while taking search on
footway, they spotted one bag containing ammunition and same has to be seized
and accordingly, it was seized.
powder, lead balls, fire cracker capes, brass capes and small quantity of coir. The
same came to be seized under panchanama at Exh. 179. The cross-examination
.. 88 ..
of this witness warrant that the houses of persons by names Gagangras, Shinde
have been situated on the footway and the witness has admitted that houses of all
persons except Nandoskar are situated by the side of footway near his house. The
witness has expressed his inability in respect to the ammunition found and its use
and has conceded that the contents in respect to the same in the panchanama has
been written by Gosavi and he does not know anything about it. Thus it will find
that it is redundant cross-examination. What is material is the box was found
containing 5 bottles and 5 bottles were containing gun powder, lead balls, coir
etc.. How it is to be used, in which gun it is to be used is not material to establish
the seizure. Hence, it can safely be said that the witness has stood satisfactorily
to the entire cross-examination.
195.
Head Constable-Rane
DB-2 and 3.
also produced
inclusive of soiled clothes, belt, gunny bag, etc.. One white metal ring containing
one white precious stone found on the person of DB-2, one belt, one parrot colour
full pant of DB-2 under panchanama at Exh. 201 whereas soiled torn underwear,
banian, handkerchief came to be seized as articles found on DB-3 under
panchanama at Exh. 202.
196.
shirt,one waist band (thread), banian and underwear, as articles of DB-4 under
panchanama(Exh. 203).
belt, torn banian and underwear as Articles found on the DB-5 vide panchanama
at Exh. 204. Police Constable-Padval produced chocolate coloured half pant, waist
band (thread ) as articles of DB-6 under panchanama (Exh. 205). Constable by
name Gavare or Bhavare produced one elastic pant and underwear and two pieces
of hair clips as articles of DB-7 under panchanama(Exh. 206).
.. 89 ..
197.
called in the Police Station and in his presence accused-5-Mahesh Shinde came to
be arrested under panchanama of arrest vide Exh. 208. On 31.12. one underwear,
banian, one Kargota found on the person of DB-8, came to be seized under
panchanama at Exh. 209 which was produced by Hawaldar-Supal. On the very
day, Constable-Gosavi produced one Talisman having black thread and one torn
banian as articles found on DB-9 and those articles came to be seized under his
signature vide panchanama at Exh. 210.
198.
Again on 4.1.04 police called the witness in Malwan Police Station for
seizure of two Mobiles of Nokia make and Samsung make and they came to be
seized under panchanama at Exh. 211. The witness has then identified all these
articles referred to above. During his cross-examination, the witness was referred
with the articles individually and the witness has rightly recorded the answers
regarding the police constables producing the same alongwith details of the
articles. His cross-examination further indicates that the witness is an auto
rickshaw driver. He has acted as a pancha witness on one or two occasions but
has denied that he is stock pancha. He has denied that he is involved in criminal
cases with Malwan police. He has denied that he is recorded history sheeter in
theft cases of Malwan Police and has deposed that he is Police Patil since last 7 to
years. He has affirmed that every time article seized were wrapped in paper and
they were labelled and twine was tied around the articles.
199.
Finally it will find that it was suggested that being a Police Patil, he
had good relations with the police and hence he has signed all the panchanamas
at one and same time and no panchanama was drawn in his presence.
The
witness has denied a suggestion. However, the witness has admitted that police
officer is his senior officer in the sense that he is Police Patil. He has admitted
that articles like waist band, twine, hair clips,cigarette, are easily available in the
market. But has denied that he could identify all those articles since they were
shown to him before recording his evidence and the witness has denied the same.
200.
prove the recovery of one country made revolver and some pellets from the custody
.. 90 ..
of accused 4. According to witness-Babal, on 2.1.04 at about 7 p. m. he was
called at Katta Police Out Post and accused 4-Tanaji was in the custody of police
and he expressed his desire to disclose the name and place, stating that it was
accused 1 who gave him one revolver and some pellets for concealment and has
concealed them at Gaonthanwadi and accordingly, memorandum was drawn and
in pursuance of that memorandum (Exh. 217), accused 1 led to Police and pancha
witness to Gaonthanwadi.
partly demolished house close to the house of Dattaram Gavade and therefrom
accused No. 4 produced one plastic bag containing one revolver some pellets kept
beneath the dry leaves near the trunk of Shivan tree. Those articles came to be
seized under panchanama at Exh. 218.
warrant that he was also Police Patil upto 2004. He has denied that children of
Nandos take their cattle for grazing to the plateau of Nandos. He has admitted
that Ashok Nandoskar had taken meeting of the villagers and in the meeting the
commission of the offence was condemned. He has denied that he was removed
from the Police Patilship on account of dereliction in duty. Thus it will find that
nothing has been brought on record to suspect the credibility of the witness.
201.
219 to prove the recovery of mobile which was concealed beneath the laterite stone
on 27.8.04 and according to the witness, boy by name Santosh Yadav showed the
spot and on moving laterite stone, one mobile was found kept in a plastic satchel.
It was white mobile of Reliance LG make and it was seized under panchanama
(Exh. 222).
202.
prosecution has examined PW-41-Dilip Tripathi ( Exh. 253) and from the perusal
of his statement, it will find that initially the accused 1 was plying his auto
rickshaw on hire and was paying Rs. 80/- per day to the witness against the
driving the rickshaw for 8 hours. Accused 5 was running rationing shop and A-2
was his cousin and A-2 was providing hand delivery of grocery articles purchased
from the shop of A-5. According to the witness, on 3.12.03, A-6-Mahesh Shinde
told him that he has one mobile for sale.
witness purchased it from A-5 for Rs. 2000/-. On 29.12., police came to him and
A-5-Mahesh and asked about the mobile and the witness informed that he has
disposed it off to the shop owner at Dahisal and witness led them to said shop
owner. Mr. Amarsinh produced the said mobile and police seized the same.
.. 91 ..
203.
aware of the fact of arrest of A-5 by police in connection with serial murder.
He
also had seen the T.V.news. He has affirmed the fact that the mobile was disposed
off by A-5 to him and despite rigorous cross-examination, it can safely be said that
the witness has stood satisfactorily to the same. The witness has affirmed that he
has stated before police that A-5 asked him to produce the mobile given by him
but he does not know why it is not present in his statement. It was suggested that
the witness has criminal record and the witness has denied the same.
Thus
without there being any material, wild suggestions have been made to challenge
trustworthiness of the witness.
204.
to establish the very fact of the recovery of mobile at the instance of A-5 via Dilip
Tripathi.
205.
260, who has claimed that at the instance of A-5, he prepared one kitchen knife
.. 92 ..
and
one butcher's knife from automotive leaf (Pata). The witness prepared the
same against Rs. 300/- and after preparing the articles, the witness delivered the
same to the A-5. The knife was having two oil paint rings, one red and one green
on the handle. The knife had total length of about 14 inches. The butcher's knife
was also having length of 14 inches. During his cross-examination, the witness
has admitted that after manufacturing the article, he saw the same for the first
time in Court. He has denied that the knife sold by him to the accused had an
iron handle. The witness was referred to his statement recorded by the police and
the witness has stated that he can not tell why it is not mentioned in his
statement that the knife had wooden handle with two oil paint rings in red and
green colour. He has denied that he has stated to the police that the knife had iron
handle.
Witness has conceded that he has stated to the police that knife had
length of 10 inches.
207.
From the perusal of rest of his cross-examination, it will find that the
witness has deposed that automotive leaf holds curving to both ends and the leaf
brought by the witness was without curve. It is suggested that every automotive
leaf contains curvings to both ends but suffice it would be to say that the question
itself is incorrect as only main automotive leaf hold curving to both ends. The
witness has admitted that the knives can be prepared from files and files hold
lesser thickness than automotive leaf. The file possesses 4 surfaces with square
designs carved on the file. The witness has also admitted that the Court Art. AE
has rough two surfaces and horizontal and vertical lines from all the sides. The
witness has claimed that cross design can appear on account of hammering. The
witness has denied that the said knife has been prepared from industrial file. I
have gone through Art.-AE-knife and it is apparent that it is not made from
automotive leaf but the same has been made from box file. Thus at the most what
is established that A-5 get done one knife from the witness but the knife before the
Court is not the very knife. As against that, the C.A.'s report at Exh. 616, warrant
that the knife seized from A-5 and produced before the Court as Court Article, had
human blood stains. Thus it is clear that the weapon before the Court has been
used in crime though the same has not been prepared by witness Solanke.
208.
the evidence that barring the house of accused, the places allegedly shown by the
accused whilist in police custody were private places or individual places and
hence, it is submitted that the discoveries have been made from public place and
.. 93 ..
as such, no evidenciary value can be attached to the same. However, the evidence
on record warrant that there is no positive evidence to infer that the places
wherefrom the discoveries have been
In the second
place, it is also in the evidence that the articles produced were concealed either
under laterite stone or the bamboo cluster or beneath the heap of leaves and so
on. Thus even though it is assumed for the moment that the articles were hidden
in public place, yet it was not visible to anybody and everybody and the knowledge
of that place was only to the accused alone. Thus the concealment of object at a
particular place and making voluntary disclosure of the said place, was within the
special knowledge of accused alone. So naturally it cannot be said that simply
because the articles were found in public place, it was known to anybody or
everybody.
209.
On considering the entire evidence on record, it will find that iron rod,
sword, knife, cut part of the guns more particularly butt, were used in commission
of the crime. C. A.'s report (Exh. 613 and 616) warrant that human blood stains
have been found on all the aforesaid articles. As against that, from the perusal of
statement of Dr. Jintukar, it will find that the major cause of the death of victims,
was skull fracture.
were used in commission of the crime and the probability that the victims met to
death by use of aforesaid weapons, cannot be ruled out.
In order to establish the guilt of the accused and to complete the chain
.. 94 ..
the accused No. 2 was making entry in the registers and putting the signatures as
well making payments. Hence, during the course of investigation, the prosecution
seized the Lodging Registers as mentioned in Konkan Plaza and Pallavi at Kanavli
and Mayur at Malvan. The relevant entries thereon were marked and the specimen
handwriting and signature of accused No. 2 was taken and the same was referred
to the Examiner of the document and Handwriting Expert.
The Handwriting
Expert recorded his opinion that the relevant entries tallies with the admitted
specimen of handwriting of A-2 thereby establishing the fact that all those entries
were made by the accused No. 2 in fictitious names in his own handwriting and
signatures.
211.
at Exh. 263. From the perusal of the statement of this witness, it will find that on
27.12.03 police called him in the Pallavi Lodge. It was between 2.30 to 2.45.
Another pancha was present. Lodge Owner-Sawade was also present there. Lodge
owner-Sawade produced the register of the Lodge before P.I. Chavan and register
came to be seized under panchanama vide Exh. 264. The cross-examination of
the witness warrant that he does not know if one Apppa Rane was manager of
Pallavi Lodge. The witness has been cross-examined at length but there is nothing
to infer that the witness has been contradicted on any material point in respect to
seizure of the register. The witness has admitted that portion on Exh. 88 to 98 is
torn.
From the perusal of Court Art. AM, the register of Pallavi Lodge more
particularly page 91, the same has been countersigned by A. P. I. and signed by
the pancha witnesses and other.
It is dtd.
29.10.03. it is at serial No. 5 and it stands in the name of Amit Shenoy age 21.
The date of arrival is 29.10., came from Bombay for the purpose of office work
and date of departure 30.10.. Thereafter there is signature and thereafter below
the signature, figure 5 was shown. This portion was shown to Handwriting Expert
and for the purpose of analysis, he has quoted the disputed portions under Q-3/1,
Q-3/2.
212.
Deepak Wagale, more particularly on page No. 2 para 3, it reveals that the entry
on page No. 76 and the handwriting and signatures having marked as Q-3/1 and
Q-3/2 from Court Art. AM, it is also marked with Exh. 89. The result of analysis
is present on page no. 4 para 8 of Expert witness-Wagale, it will find that
according to him, the red enclosed writings and signatures marked as Q-3/1 and
.. 95 ..
Q-3/2, are written by the writer who has written the red enclosed writing and
signatures marked as S-1/1 to 6, S/2/1 to 6, S/3/1 to 6, S-4/1 to 6, S-5/1 to 6
and N-2/1 to 3. Admittedly, the handwritings and signatures marked with S are
the admitted handwriting and signatures of accused No. 2. Thus what has been
established that the entry at Serial No. 5 on page No. 76, was made by Amit
Shenoy and he had occupied the room with 4 other persons.
213.
Exh. 306 and from the perusal of his statement, it will find that on 4.1.04, he was
present in the Police Station.
Police Station and in his presence, the specimen handwriting and signature of
Amit-A-2, was taken and he was asked to write the names as shown in column at
page No. 892 from the register of Konkan Plaza containing the names of Amit
Shenoy, Sonavane, Thakre, Sarge.
The police
handwriting and signature of A-2 was obtained as Amit Shenoy and he was also
asked to write figure 5 appearing in Pallavi Lodge register.
214.
witness, it will find that witness had noted some points and dates on his palm at
the time of recording his statement in the Court. The witness was shown only one
register by the police on the date of recording his statement in the Court. It is also
in the statement of witness that he is agriculturist. He is non-matric. He has ever
acted as pancha at any time prior to the incident. He did not go through the pages
of register and as such, he could not tell the number of entries present in the
register or on the relevant page. He has deposed that entry No. 892 was shown to
him in his first visit to Police Station. It was made in blue ink and entry No. 912
and 913(Exh. 21 and 23) were also in blue ink.
cross-examination, it will find that the witness has established about drawing of
panchanama of taking specimen handwriting and signature of A-2 in respect to
.. 96 ..
the entries at 912 and 913 from the register of Konkan Plaza-Court Art. BA Exh.
121 and 122.
215.
Now from the perusal of PW-72 Mhapsekar (Exh,. 375), it will find that
on 27.12.03 at 1.30 p. m., he was called in Konkan Plaza Hotel as a pancha and
one Anil Korgankar was other pancha.
Konkan Plaza in favour of P.S.I. Chavan and he showed the entry No. 892 in the
name of Sarge, Thakre and one person with starting letter S. Police showed the
witness entry No. 912 in the name of Amit Shenoy and one person. Police also
showed the entry No. 913 in the name of Patil and Pawar and there was one more
entry at Serial No. 917 in the name of Pujar and one more person. Accordingly,
the police seized the said register by drawing panchanama. The witness attested
the panchanama at Exh. 376. The witness has been cross-examined. The witness
has clarified that he signed all the material entries alongwith other pancha, PIChavan as well as Amit Patil. The witness has denied that he is deposing false at
the instance of police and that the panchanama was not at all drawn. Thus it can
safely be said that seizure of the Lodging Register has been duly proved.
216.
Finally,
from
the
perusal
of
the
statement
of
witness-Vinod
Deorukhkar-PW-8(Exh. 86), it will find that he was sweeper and servant in the
Mayur lodge which was owned by Goind More. Mayur Lodge has been situated in
the bazar peth of Malwan. On 14.11.03 at about 7 to 7.30 a. m. one person aging
40 to 45, one woman aging 30 to 35 and two boys aging 8 to 10 years and one
person aging 28 to 30 years, came to Mayur Lodge. Goind More was present. On
query of the woman, Shri. More told lodging charges as Rs. 50/- per cot. Further,
according to the witness, the person aging 28 to 30 came forward and disclosed
his identity as Anil Jadhav and owner made entry in the Lodge register as Anil
Jadhav with his family.
Register (notebook ) at Exh. 87, has been proved through witness-Deorukhkar and
it appears that since it was in the handwriting of owner, there was no occasion to
refer the same to the Expert.
217.
.. 97 ..
under entry No. 892, 912, 913 as well the signatures present thereon, belong to A2.
The Handwriting Expert has expressed his inability to give his opinion in
respect to the Q-2/3 allegedly made by A-2. Similarly, he also has expressed his
inability to give opinion in respect to the signature as Q-2/5 which was admittedly
made by one Pawar on 22.10.2003.
218.
witness, have not been proved since the writer of the Note-book, has not been
examined and as such, the statement of Deorukhkar, can not be relied upon.
However, when the witness-Deorukhkar has claimed that the aforesaid writings
was made by the owner-More
handwriting, there does not appear any logical ground to dis-believe the witness.
Because even after considering his statement as a whole, it will find that he has
identified A-2 as well as the photographs of Mali family with the details of their
description. Thus on considering the aforesaid facts, it can safely be said that the
prosecution has succeeded in establishing the fact that DB Nos. 2 to 5 were
admitted in Konkan Plaza lodge and A-2 was main player in bringing them to lodge
and taking them out of the lodge. The entries in the Lodging Registers have been
duly established and that there does not appear any logical reason to disbelieve
the same. It will be unsafe to say that the owners of the Lodges have prepared
altogether false record only at the instance of police.
certain irregularities in maintenance of the registers but ipso facto that will not
give rise to the hasty conclusions that all entries in the registers are false.
College, in his statement before the Court as well as vide his report more
particularly para 30 page 24 has deposed that fire arm injuries have been found
on dead body Nos. 1. 3. 7 and 10 and they are possible by gun-Court Art. G and
gun-Art AI and AH. The firearm injury on dead body No. 7 is possible by revolverCourt Art. CY. Further he has added that firearm injuries described by him are
also possible by gun if it was in properly assembled form, Court Art. AJ, JK, and
CE.
220.
.. 98 ..
particularly para 14 page 8, it will find that the witness in his chief examination,
has claimed that Exh.1-A M. R. No. 192 Court Art. No. DB-7-K, a bone piece and
Exh. 1-B-one piece of skin MR-192, Court Art. No. DB-7-L, Exh. 2-A and 2-B-two
bones under MR No. 193 and Court Art. No. DB-10H and DB-10H1, Exh. 3A and
3-B-two pieces of bone(sternum)-MR No. 190 Court Art.-DB-1-R, DB-1-R-1, and
finally Exh. 4-A, 4-B, two pieces of bones (sternum and scapulla) MR-191 baring
Court Art. DB-3-L1 and L-2, are the same which were referred to him and after
conducting examination, he found that circular holes observed on the bone pieces
at Exh. 1-A, 2-A, 3-A and 4-A, were consistent with passage of a circular projectile
fired from the weapon but the residues of the fired ammunition such as lead and
nitrate were not detected on them but metallic lead were detected around the shot
hole on skin piece in Exh. 1-B which was consistent with the passage of the lead
projectile. Thus no shot holes were found on bone pieces Exhs. 2-B, 3-B and 4-B
meaning thereby no metallic lead was detected around the bone pieces of DB-7,
DB-10, DB-1 and DB-3. But metallic lead was detected on the skin piece relating
to DB-7.
221.
physical presence of projectile in any of the samples referred to him (Exh. 613) and
has conceded that when metal or lead is detected in the bone hole it is inferred
that the projectile contain lead. In none of the bones, he found lead or metal. It is
also in his evidence that he did not obtain any of the samples like potassium
nitrate, sulpher and charcoal as well nitro cellulus, nitro glicerine. In respect to
the lead found in the skin piece of DB-7, the witness has deposed that he detected
metallic lead around the shot hole on the skin piece by chemical test and has
furnished the details of the chemical test that he used Sodium Rhonozonate and
PH solution and mixed them with each other and with the help of the filter, he
poured some drops on shot holes of the skin and as a result, he noticed pink
colour which ultimately indicates presence of metallic lead.
However, he has
admitted that he has not mentioned the test adopted by him in the report and
according to him, it is not necessary that validation of the test should be disclosed
in the report. It is also in his evidence that he has not indicated any reason for
not detection of G. S. R. on the clothes referred to him.
established from the report of Ballistics Expert that though the holes present on
the bone pieces of DB-1, 3, 7, and 10, were appearing as shot holes caused by
firearm shots, yet there was no positive evidence to affirm the same but since lead
was detected on skin piece-Exh. 1-B in relation to DB-7, it was a positive
.. 99 ..
indication and result of use of firearm.
222.
and the report of Dr. Jinturkar on the other, it can safely be said that the firearm
was used in the crime but there is no evidence to establish that the injuries
caused and allegedly noted on the bone pieces of DB-1, 3, 7, and 10, were caused
by firearm. But it has been proved to the satisfaction of the Court that the injury
found on the skin piece of DB-7 was result of firearm shot.
The another
circumstances on record warrant that the accused were moving to the plateau
with iron rod,, sword, knife, three guns and a revolver. So it can not be said that
they were carrying those weapons by virtue of coercive measure and after
considering the modus operandi, the only inevitable conclusion is to be drawn that
all the aforesaid armory was taken to cause the murder of the victims.
-:- Diary -:.........
223.
visited the plateau of Nandos. Initially, A.P.I. Rajendra Mungekar, P. I. and P.I.
Noormahammad Landage, had been to plateau and Mungekar noticed the dead
bodies but since it was twilight, he decided to halt on the plateau so as to draw the
panchanama of inquest, panchanama of the spot of offence, and to shift the bodies
to Oros for the purpose of post mortem. In his statement before the Court, APIMungekar has deposed that while taking search, they noticed in all 7dead bodies
and at the relevant time, near the vegetation at the bottom, he noticed one
telephone notebook-diary.
panchanama of the diary in presence of pancha witnesses and seized the diary. In
addition to the numbers and names, the diary was containing 7/12 extract of
person by name Kemase, S. T. D. bills and the hotel bills. He also noticed blood
stains on the said diary. Hence, the said diary was seized on 20.12.. Further it is
in his evidence that he then asked the staff members to note down the telephone
Nos. and the names of the persons on one plain paper and the said plain paper
was sent to S. P., Sindhudurg, who then asked A.P.I. Shirtikar to detect the
numbers of the said persons.
224.
Thus this diary was proved to be the lamp-house which ultimately has
led the investigation to find out the relatives and friends of the victims and it
.. 100 ..
ultimately provided the tips in respect to the culprits. The relevant telephone diary
marked with Court Art.-EC was then sent to Handwriting Expert-Deepak Wagale.
Before referring the diary, the Investigating agency realized the difficulty of
acquiring
admitted
handwriting
of
victim-Dadasaheb
Chavan.
Hence,
the
Investigating Agency referred P.S.I. Vijay Dhumal, PW-93 on 6.2.04 to visit village
Jevur, Tal. Purandar, Dist. Pune, to take search of house of Dadasaheb Chavan.
Accordingly, witness-Vijay Dhumal left Oros on 6.2.04, reached Jevur on 7.2.04
and with the help of 2 local pancha witnesses-Bandalkar and Bhopate took search
of the house of deceased Dadasaheb Chavan took search of the house of deceased
Dadasaheb Chavan.
house. He then at the request of Dhumal, provided one pocket diary belonging to
the deceased containing his handwriting. The said diary had no cover. It had a
length 5 inch and width of 3 inch. It was containing 37 pages and thus the said
diary came to be seized vide panchanama Exh. 522.
The cross-examination
indicates that the witness has admitted that in the diary in dispute there was no
record indicating that the said diary belongs to deceased Chavan and barring this,
there is nothing to suspect the statement of the witness.
examined the witness-Kishor Hirlekar,Police Constable B. No. 179 who carried the
original diary on 21.5.04 to the Chemical Analyst, Pune and delivered the same to
the competent authority alongwith covering letter under the signature of P.I.Landage. The letter has been produced at Exh. 531 The witness in his crossexamination has denied that he never carried the said article to the C. A., Analyst.
225.
Exh. 598 to prove the seizure of diary of Dadasaheb Chavan at village Jevur.
Witness-Dipak Bandalkar was a pancha witness. His statement on record warrant
that PSI Vijay Dhumal was not knowing the house of Dadasaheb Chavan and
pancha witness-Dipak Bandalkar led PSI-Dhumal to the house of Dadasaheb
Chavan.
The
Wagale at Exh. 599(PW-104), it will find that the disputed diary was marked as Q1/1 and Q-1/2 whereas the diary seized by PSI-Dhumal as admitted handwriting
of Dadasaheb Chavan, was marked as N-1/1 to 9. Now the report of analysis
.. 101 ..
made by Deepak Wagale vide report at Exhs. 602 and 603, and more particularly,
page 4 para 8 of his cross-examination, it will find that under point No. 1 it has
been reported that the red enclosed writings marked with Q-1/1 and!/1-2 are
written by the writer who has written the red enclosed writings marked by him as
Exh. N-1/1 to 6. It will find that much hue and cry has been raised in respect to
the genuineness of diary(Court Art. QC), it was submitted that the diary in
question allegedly found on 20.12. but it was not deposited with the Muddemal
Clerk nor the entry thereof was taken in Muddemal register for days together.
Further it is submitted that the diary is a fabricated evidence and the same can
not be relied upon.
227.
But the fact remains that though there are irregularities and the
certain irregularities in preserving the diary and making necessary entries, yet the
defence is not entitled to get benefit thereof as laches and the faults of the
investigating agency in investigation can not give rise to the doubt of which benefit
is to be conferred to the defence. Further more, the report of handwriting expert
has ultimately supported and corroborated the case of the prosecution in respect
to the genuineness of diary and its author-the victim-DB- Dada Chavan.
has also placed reliance on the T. I. Parade and for that end, the prosecution has
examined PW-79-S. G. Jadhavar at Exh. 439. On the perusal of his statement, it
will find that he conducted the T. I. Parade in Sawantwadi Jail on 16.3.04.
.. 102 ..
Thereafter he has narrated all the details observed by him in taking care to see
that the witnesses shall not see the accused to be referred in the parade and the
right and interest of the accused shall be preserved with every possible decency.
Further he also has deposed that after taking every possible precaution, he
conducted T. I. Parade and in the said parade, the accused No. 2-Amit Shinde was
identified by the witnesses namely Dhake, Pande, and Nemalekar whereas one
witness-More could not identify the accused No. 2. Then the accused 2 and 3 were
identified by witness-Chalke, Mr. Rane. Thereafter A-2, A-3 and A-5 were brought
to the parade. They were permitted to take their position as well to change the
clothes. Then witness-Dr. Rane was invited to identify the accused but he wrongly
identified one dummy as Mahesh Shinde and expressed his inability to identify
Yogesh Chavan. Accordingly, the Executive Magistrate drawn the panchanama at
Exh. 440 and the memorandum is at Exh. 441. The events noted by him have
also been produced at Exh. 442 to 444 and forwarding letter is at Exh. 445.
229.
His cross-examination warrant that this was the first experience of the
witness to conduct the T.I. and at the relevant time, he was made known that the
object of T. I. Parade is to find out an ability of the witnesses to identify the
accused.
irregularities not causing prejudice to the defence, nothing has been brought on
record to suspect the credibility of the report. The witness has admitted that he
can not tell the number of prisoners selected by him as Dummies and Amit
Shinde-A-2 was having fair complexion and Yogesh Chavan-A-3 and Mahesh
Shinde-A-5 were dark in complexion.
However, he has denied that Amit-A-2 is having curly hair and as such, A-2 was
immediately identifiable for want of dummies of similar nature.
230.
can not take place of substantial evidence. The evidence on record consists the
evidence of relatives of the accused, relatives of deceased and friends and wellwishers of the accused as well as victims. They have come before the Court. They
have not only identified the dead bodies but they also have identified the accused.
Thus looking to the other evidence on record, the evidence of T. I. Parade can be
looked into as one of the circumstance and it can not acquire full weightage.
231.
.. 103 ..
names of the accused and their photographs were already published in the
newspaper. The prosecution has denied the aforesaid facts.
So naturally the
The
evidence on record warrant that the accused 1 purchased Tata Sumo in August,
2003.
was indulging in
committing the crime of practicing fraud and extracting money from the people.
The accused 1 has purchased a Tata Sumo in August, 03 and this fact has also
been stated by another witness-Satish Korgaonkar, the maternal uncle of accused
1. It is also in the evidence that at the relevant time, the accused No. 1 paid Rs.
95000/- in cash and rest of the amount was raised by a finance. No explanation
is coming from the accused how he acquired Rs. 95000/-. The accused No. 1 has
denied that he purchased the Sumo.
cross-examination of I. O., it will find that it was suggested that the accused had
source of income of Rs. 26000/- per month since the accused had let his Sumo to
Internet Global Company at Rs. 26000/- per month.
233.
that the said Sumo was booked to another company in his name and out of Rs.
26000/-, he was taking Rs. 6000/- by way of salary of driver and was making
payment of Rs. 20000/- to accused 1 but this is subsequent to August or Sept.,
2003 and the basic question as to how accused 1 acquired cash of Rs. 95000/-.
The accused was under obligation to explain this fact since it was a fact within his
special knowledge. The accused has lost the said opportunity by denying the fact
that he is owner of Tata Sumo. This is material because it is only to point out that
the accused had no source of income. As against that, accused No. 2 was working
as l. I. C. agent at Borivali (Exh. 731, 732) and his commission was meagre
amount. Accused No. 3 was initially serving with Creative Computer and getting
Rs. 800/- by way of stipend and Rs. 12000/- to 13000/- per year. He left the said
job and joined Audio Visual Equipments, Rental Private Ltd. between 5.11.01 to
5.7.03 (Exh. 730) and was getting Rs. 2000/- to 4500/- per month. A-6 was
.. 104 ..
serving in Bharat Jatiya Sangh and drawing meagre amount.
It is also in the
evidence that A-5 was also operating ration shop. However, none of the accused
have made any attempt to furnish their source of income.
This is material
because the evidence led by the prosecution consists bank pass books, extracts of
account and examination of Bank official. The sum and substance of the aforesaid
evidence is that between Sept. 2003 to December, 2003 unprecedented and huge
amount was
2, accused 3 as well as
which was never expected to be deposited in the accounts of accused at one and
same time.
234.
the prosecution, it will find that the first objection of the defence was that the
extracts of accounts have been prepared from electronic data through computer
but software used by the Bankers for maintenance of the record has not been
disclosed in the account extract.
established from the facts that Sujata More is wife of accused No. 1. This fact has
been repeatedly admitted by close relative of the accused before the Court . Thus
now the accused has to explain that the amounts were acquired by Sujata More
and what were the sources of her income as there is no evidence to hold that there
is divorce between accused 1 and Sujata More.
236.
statement, the investigating agency can rely upon the statement of account of
Sangita Shinde and best possible opportunity that A-2 to examine Sangita Shinde
.. 105 ..
as defence witness to falsify the case of the prosecution.
So far it relates to
make out the probability. Though the burden on the defence is lighter and the
defence has to make out only the probability, yet anything can't be said to be
probable and the accused is under obligation to establish the said fact even by
giving satisfactory explanation.
237.
With this backdrop, now from the perusal of the statement of I. O. Dy.
S. P. Prabhu Khanolkar below paragraph 56,it will find that according to him,
during the investigation, it was transpired that Rs. 1,35,000/- out of the amounts
robbed from the victims was shared by accused 1 in addition to ring gold, chain of
gold, with
locket and Mangalsutra and ear-ring. The accused 2 was paid Rs.
70000/-. Accused No. 3 was paid Rs. 70000/- and Mahesh was paid Rs. 25000/-,
Rado watch, mobile of Mr. Mali, one ladies ring of gold and ladies wrist watch.
During the investigation, it was also transpired that sum of Rs. 15000/- was
deposited in the Savings Bank Account of accused No. 2. Further, according to
him, it was transpired that sum of Rs. 16000/- and Rs. 33000/- were deposited in
the account of father of accused 6 on 01.12.2003 in his Savings Bank Account
and the father of A-6 on the basis of cheque, transferred Rs. 50000/- in favour of
Hari Padam Patil.
Vishnu Banodkar, PW-109(Exh. 670), it will find that he is the officer attached to
Bank of Maharashtra, Dahisar Branch from May, 2005. The accused No. 2-Amit
Ashok Shinde was maintaining his Savings Bank Account No. 10265 in the said
Branch. In accordance with the directions of the police, he submitted the extract
of account of the Savings Bank Account of Amit, accused 2. It bears his signature
and he has admitted the contents to be correct with necessary certificate. It is at
Exh. 647-B(Court Art. BL). The original Savings Pass Book was issued by the bank
in favour of accused 2 bearing account no. 10262. Court Art. BL-1 is duplicate
pass book issued in favour of A-2.
239.
.. 106 ..
he also furnished the extract of account of accused 3-Yogesh maintained under
Savings Bank Account No. (old) 01190/033835 and it was renumbered as
10155358534. Further accused 2-Amit Shinde was maintaining his old account
No. 01190/034515 and its new No. is 10155362233.
(PW-111) who was serving in Greater Bombay Cooperative Bank, Borivali Branch
and according to him, accused No. 2-Amit Shinde, Sangita Shinde and Yogesh
Chavan were maintaining their Savings Bank Accounts in his bank. Amit ShindeA-2 was maintaining Savings Bank account No. 15046. Yogesh Chavan-A-3 was
maintaining Savings Bank account 15047 whereas Sangita Ashok Shinde was
maintaining Savings Bank Account No. 15052.
Further on
11.11.03 sum of Rs. 40000/- was deposited in the Savings Bank Account of
Punam Loke. Vide counter foils GI-1, GI-2 on 10.11.03 sum of Rs. 5000/- was
deposited in the account of A-2, vide counter foil-GJ on 11.11.03 sum of Rs.
40000/-was deposited in the account of A-3. A sum of Rs. 40000/- was deposited
on 18.11.03 in the account of A-3-Yogesh. On 20.11.03 sum of Rs. 40000/- was
deposited in the account of Sangita Shinde.
241.
witnesses, it will find that the witnesses were asked that no endorsement or
certificate in respect of software used in maintenance of pass books and extract of
account, has been shown and it is suggested that the software used by the bank is
not approved by the R.B.I. . All witnesses have denied the aforesaid suggestions
.. 107 ..
and it is replied that no such certificate is required to be issued on every extract of
account as it is implied that only software approved by the R.B.I has to be
maintained for the maintenance of accounts. Further during the course of
evidence of witness Krishna Parab, it was asked that Yogesh(A.No.3), has
withdrawn the amount by withdrawal slip on 20.11.03.
examination of the witnesses taken, warrant that the defence has totally failed to
prove that the accounts maintained and the extracts produced, are false, frivolous,
or incorrect. On the contrary, the trend of suggestions warrant that the defence
has conceded the fact of maintenance of Savings Accounts by the accused in the
above-referred banks. Sangita Shinde is sister of A-2 and Punam Loke is fiancy of
A-2.
recorded. They have not been examined and as such, the pass books as well the
extracts of accounts standing in the name of Punam Loke can not be read in
evidence. Similar submission was also made in respect to Savings Bank Account of
Sujata More, the wife of accused 1.
Every fact
relevant to the fact in issue, is admissible and on the contrary, due opportunity
was with the defence to give proper explanation in respect to the amounts
deposited in their Bank Accounts. Admittedly the accused have denied that they
were maintaining such pass books and as against that, it is needless to state that
the Bank Officers have no reason to open false accounts in the name of accused
and their relatives and to deposit the amounts in their accounts. It is also the
case of prosecution that it was A-1 and A-2 who were depositing amounts in the
Savings Accounts of Sujata More, Sangita Shinde and Punam Loke. Hence, the
evidnece led by prosecution is admissible.
242.
Thus it will find that the accused by not furnishing any explanation in
respect to the fact which was within their special knowledge, have ultimately
conceded the contents of the pass books, and extract of accounts and have failed
to give plausible explanation as to how the aforesaid huge amounts were tendered
in their accounts in one or two or three stroke in one and the same month. With
this back drop, it is to be remembered that all victims, according to the
prosecution, were robbed and killed in Sept., October and November, 2003.
243.
is serving such as Branch Manager in Maratha Sahakari Bank Ltd. And according
to him, savings bank account of Sujata Gajanan More was opened in his bank
and it was bearing Savings Bank Account No. 34021. In accordance with the
.. 108 ..
directions of the police, he issued an extract of account at Exh. 648A with the
certificate at Exh. 648-B.
maintaining his savings bank account 35093 in his bank (Court Art. DW). A-6Mahesh was also maintaining his savings account No. 32157 in his Bank (Court
Art. DU) whereas the pass book issued in favour of Sujata Gajanan is Court Art.
BK. Further according to this witness, vide pay slip Court Art. GN1, the amount
of Rs. 45000/- was deposited in the account of A-2-Amit on 19.11.03. Further
vide counter foil Court Art. GN2, on 19.11.03 sum of Rs. 20000/- was deposited
in the account of Yogesh Madhukar.
In this light, now from the perusal of the extract of the account of
Kerubhai Nanaji Mali at Exh. 587, it will find that on 13.11.03, sum of Rs.
3,10,000/- was withdrawn by him from the Bank. Now from the perusal of
extracts of account Exh. 645-A, to 645-D and 646-A to 646-C, 647-A, 648-A, it
will find that sum of Rs. 15000/- and Rs. 13000/- was deposited in the account of
Amit Ashok maintained in the State Bank of India on 3.10., 6.10. whereas sum of
Rs. 5000/- and 40000/- was deposited in the account of A-2 maintained in
Greater Bombay Bank on 10.11. and 11.11.. Sum of Rs. 7000/- was deposited in
Bank of Maharashtra on 5.11. and sum of Rs. 15000/- was deposited in S.B.I.
account of A-2
on 10.11..
Rs. 20000/-
Savings Bank account of Sujata, the wife of A-1 in Maratha Sahakari Bank, on
29.9.,sum of Rs. 24000/- on 3.11., and sum of Rs. 25000/- on 3.11. and sum of
Rs. 20000/- on 19.11. in her account of the same bank. Sangita Ashok, the sister
.. 109 ..
of Amit-A-2, appear received Rs. 35000/- in her account maintained in the Greater
Bombay Bank on 20.11. and in the account of Punam Loke maintained in Greater
Bombay Bank , sum of Rs. 40000/- was deposited on 11.11. .
245.
Thus it will find that the huge amounts have been deposited in the
It is already on record that all accused hail from poor middle class
families and none of them had any good monthly earning. It will find that even
their extracts of accounts warrant that their earlier savings was very meagre in
comparison to the savings shown in the months of October and November. On
considering the deposits in their account, it appears that the accused were under
obligation to submit income tax return or at least they were under obligation to
explain the position about the source of income.
preferred to give negative replies and accused 1 has gone to the extent of denying
the fact that Snagita is his wife. This is one of the strong circumstance which is
also running against the accused.
Besides this, the prosecution has claimed that the accused out of
wrongful gains, acquired two motor bikes and one Sumo vehicle. In order to prove
that the acquisition of two motor bikes, the prosecution has examined PW-70Harjeetsingh Mahindarsingh Kochar-PW-70 (Exh. 365). From the perusal of his
statement, it is established that on 20.11.03 in the evening accused -Amit and
Yogesh had been to him at Bhaindar east with intent to purchase second had
motor bike. They selected one Hero Honda Splender motor bike of 1996 model
black in colour. The price was settled at Rs. 17500/-. Amount of Rs. 500/- was
paid in advance and Rs. 17000/- was handed over by the accused 2 on the next
day. The motor bike was bearing Regi. No. MH-04/W-8518. The custody of bike
was delivered with papers including T.T.O. form signed by the owner. On 25.11.
again A-2 and A-3 visited his shop, selected one Splender bike of 1998 model for
Rs. 20,500/- bearing Regi. No. MH-05M-8485. They booked the vehicle without
any payment, came in the evening, paid Rs. 20500/-, and obtained the custody of
.. 110 ..
the motor bike with papers whereas the witness obtained the delivery notes. The
witness has verified and identified those motor articles-Court Art. FM bearing Regi.
No. MH-04-W-8518 and MH-05-M-8485. The official receipt passed in favour of A2, is at Exh. 366 and delivering the delivery note executed by A-2 is at Exh. 367.
The official receipt of the vehicle disposed off to A-2 on 2.11.03 is at Exh. 368. The
delivery note is at Exh. 369 and R. C. book at Exh. 370.
248.
at Exh. 367 and 369 were with the witness but receipts were not with him and he
did not hand over the official receipt at Exhs. 366 and 368 to the police and has
denied the contents to that effect from his statement recorded by police under
portion marked with A. But he has denied that he had not taken delivery note
from A-2. He has admitted that the delivery note at Exh. 376 shows the date as
22.11. but has admitted that the official receipt at Exh. 366 is not of 21.11.. It is
established from his statement that he had not disclosed the name of A-3 who was
allegedly present with A-2 on 20.11. and at the time of actual sale on 21.11.. He
has also affirmed that he has disclosed the name of A-2 to the police as visitor
with A-3 on 25.11. and he does not know why the said fact is not present in his
statement. He also admitted that there are over-writings in delivery note at Exh.
367 and 369. He also has admitted that he was dealing in sale of second hand
motor bikes without license or brokerage license. Further he has admitted that
incorrect name in the receipt at Exh. 368, the name of A-3 has been shown as
broker but finally has denied that he is deposing false about sale of bikes to
accused.
249.
.. 111 ..
book and R. C. book of motor bike and he learnt that those books have been kept
at the house of Punam Loke, the fiancy of A-2. Then P. I.Godbole visited the house
of Punam Loke and seized R. C. book of motor bike under the same panchanama
at Exh. 755 and also collected the bank pass books of A-2 as well as his sister
Sangita, cheque book, slips from Punam Loke. Thus Punam Loke produced in all
15 articles and vide panchanama at Exh. 756.
articles.
250.
vehicle, the prosecution has examined witness-Vimal Kapur (PW-65) at Exh. 352.
From the statement of this witness, it will find that in August, 2003, accused 1 to
3 had been to his shop for purchasing second hand Tata Sumo. They selected one
Tata Sumo. It was white in colour, 1999 model. It bearing Regi.No. MH-04-As-46.
The price was settled at Rs. 2,60,000/-. It was financed by Mahindra and
Mahindra and the transaction was settled within 4 to 5 days. The accused 1 to 3
initially paid Rs. 10000/- by way of advance. Again they paid Rs. 5000/- and at
the time of delivery, they paid cash of Rs. 80000/- and for balance amount of Rs.
1,65,000/-, loan proposal of finance Company was made and finance was made
through Finance Company. The vehicle was sold in the name of Amit Shinde-A-2.
R.C. Book was transferred in his name but entry of finance institute i. e. Mahindra
and Mahindra remained in R. C. book. It is also in his evidence that subsequent
thereto the accused paid only one installment of loan. The R. C. Book is Court
Art. No. FK and witness has identified Tata Sumo kept in the Court premise by
way of muddemal and has affirmed the same.
251.
dealing in car, he did not get transferred the vehicle in his name and he get
payment receipt from the original owner of the car to show that he has purchased
the car. Further it is in his evidence that since the documents were in the custody
of financial company, he was unable to produce the same before the police and
police did not ask him to produce payment receipt. Finally it was suggested that
he has no concern with the said vehicle and that he is puppet in the hands of
police to fabricate the evidence.
vehicle in question has been purchased by A-1 in the name of A-2. As against
that, the trend of suggestions put to the I. O. warrant that A-1 was claiming
monthly income arising out of earnings of Tata Sumo as source of income of
accused 1. Here too, the accused has failed to give any explanation in respect to
.. 112 ..
payment of cash balance of Rs. 95000/- or its source.
252.
extracts of accounts taken from various bank pass books and the statements of
Bank Officials, it is clear that the accused 1, 2, 3 and 5 acquired wrongful gains of
huge amounts in October and November, 2003 and they have failed to explain the
source of said income.
253.
information in relation to Mobile No. 9819255303 which was standing in the name
of Mahesh Shinde, R/o. Shinde house Ekasar Borivali.
His cross-examination
indicates that Mobile No. 9820664377 stands in the name of Abhijit Sudrik and
9820682087 is registered in the name of S. G. Paras.
255.
Exh. 322, it will find that he was serving such as Nodal Officer with Bharati
Cellular
.. 113 ..
was not standing in the name of Kerubhai Mali but it was standing in the name of
Priya Collection.
256.
will find that he was Assistant Manager in Idea Mobile and in accordance with the
directions of D. C. P., Mumbai, he provided the information in relation to mobile
No. 9821281575 by calling the said information from Nodal Officer-Pravin Patil.
257.
Exh. 360,it will find that by virtue of letter dtd. 30.12.03 and 16.1.04 issued by S.
P. , Sindhudurg but he was asked to furnish the information in respect to phone
No. 2234268026 and accordingly, he submitted the said information through
Vinay Bhushan vide Exh. 361-A, covering letter-Exh. 361-B and certificate Exh.
361-C. The said mobile was in the name of Sujata More, R/o. Ramesh Mhatre
Chawl, Eksar Borivali.
Khanolkar and more particularly, paragraph 57, 58, 59 and 60, it will find that he
has furnished all the details in respect to the contacts between accused 1 to 3
interse as well their contacts with Kerubhai Mali, Dayanand Thorat etc.. According
to the I. O., accused No. 1 was holding mobile No. 34268026( which was registered
in the name of Sujata More) and between 13.10.03 to 30.11.03 accused 1 called
accused 2 on 160 occasions on the landline and 65 times on mobile by the use of
phone No. 34268026. He also called accused 3 for 163 times on landline and on
37 times on mobile of accused No. 3. He also booked call on 31 occasions at the
house of A-5 on landline and on 3 occasions on mobile.
.. 114 ..
accused 1, 3, and 5, Kerubhai Mail, Ijaj Desai, Tripathi and so on. But his crossexamination warrant that he has no documentary evidence to show that this
phone was registered in the name name of accused No. 2. He has no documentary
evidence to connect the sim Card No. mentioned in the panchanama with the
mobile No. present in the panchanama at Exh. 211. Accused No. 2 was arrested
on 24.12.03 and the above instrument with the sim card was seized from accused
No. 2 but he has admitted that on account of seizure of mobile, the said number
was not in use and it was inoperative.
Court alleging that it was a mobile of Mr. Mali but admittedly it is not the phone
with above-referred number and I.M.E.I. Number. The witness has admitted that
he get identified the said mobile article X from the relation of deceased Mali and
has explained that it was on account of colour, shape and company of the Mobile.
He also has admitted that till today mobile with above referred sim No. and I.M.E.I.
No. belonging to Mali, has not been traced out.
260.
Khanolkar has deposed that it was belonging to A-6 and between 1.9. to 30.11.03,
on this phone he contacted A-2 on landline on 20 occasions , on mobile on 13
occasion. He also contacted A-1 on 89 occasions on mobile, on 5 occasions with
Ijaj Desai, between 23.10.to 15.11., this mobile was on roaming and on 23.10. he
contacted Dayanand Thorat on 2 occasions and to Mali on 2 occasions on
14.11.03. Further according to him, mobile No. 9819255303 belonging to A-5 was
used with 3 I.M.E.I. Numbers and thus the sim of Mali's phone No. 9819255303
was also used in the said mobile between 18.11.03 to 7.1.04 and A-5 had used the
handset of Mali bearing No. 350104203498830 by using his sim card bearing No.
919818255303.
establish the links amongst accused Nos. 1 to 3 on one hand and accused and
victims on the other. However, the mere fact that the accused interse were talking
on their mobiles will not be sufficient to jump to the hasty conclusion that those
.. 115 ..
contacts were in relation to the crime in question unless these links are positively
established with mobiles of victims.
261.
the accused and accused alone are the perpetrators of the crime and they have
caused murders of the victims.
262.
directions of the Investigating Officer he had been to Baroda. He had been to take
search of Ramjibaba. At the relevant time, he also took the help of Thale but he
learnt that Ramjibaba made flee to Africa. Now even it is assumed for the moment
that person by name Ramjibaba was in existence still it also has been proved hat
he has no role to play in the crime in question and accused can not take shelter of
Ramjibaba to get rid of the crime committed by them. It is established from the
statement of Dy. S.P. and I.O. Prabhu Khanolkar that he registered the first F.I.R.
and it was registered as crime No. 89 of 2003 in respect of killing of Mali family.
263.
Mungekar that on the evening of 20.12. near the vegetation at the bottom, one
telephone diary which had blue plastic cover, was found. In the said diary, the
telephone Nos and names of the persons were appearing.
seizure of that diary was drawn and it was seized.
The panchanama of
examination, it also has been established that the diary which was found on the
plateau of Nandos and after drawing panchanama, he entrusted the said diary
with I. O. with his report.
Muddemal Register maintained for the period of 2004 and the witness has
admitted that under entry No. 88 written in red colour, the same telephone diary
has been shown to have been received by Muddemal Clerk on 20.12.03. Another
Investigating Officer-Y. R. Bagwan has clarified the position and said that when
new Muddemal Register is opened, the old pending entries are taken in red ink
with the very old date. Thus all the above referred facts ultimately makes it clear
that the disputed diary was entrusted in the safe hands on the very day on which
it was seized and there is absolutely no substance in the allegations made.
.. 116 ..
264.
Mali-Court Art-E can not be opened with the keys-Court Art. AF and as such, the
panchanama of demo produced by the prosecution is false. Here it is to be noted
that the Muddemal Art. E has been broke opened from behind and may be the key
of the bag was not in operating condition on account of the locks from inside on
account of damage sustained to the locks.
265.
latches and lacunae, can not be said to be a doubt nor the benefit of it is to be
given to the defence.
266.
After considering the entire case of prosecution as made out, it will find
that there is absolutely no link to conclude that the accused -4-Tanaji and
Accused-Suryakant had conspired with the rest of the accused in respect to the
commission of the offence. Even there is absolutely no iota of evidence to infer
that accused 4-Tanaji and accused-7-Suryakant had played any role or
participated the crime.
Suryakant has harboured the rest accused 1, 2, 3, 5 in his house with the
knowledge that they were involved in a serious commission of crime. True it is
that there is sufficient evidence to hold that accused 7 harboured accused 1, 2, 3
and 5 in his house whenever they came from Mumbai to Nandos between August
to November, 2003.
nature to infer that accused 7-Suryakant had knowledge of the illegal activities of
the rest of the accused or had a reason to believe the commission of the crime
committed by the accused and with that knowledge he was harbouring the
accused 1 to 3 and Mahesh. As already discussed above, it has been deposed that
.. 117 ..
all other brothers of A-7-Suryakant were serving in Mumbai.
A-7 is physically
handicapped. His eye sight was poor. Even he was suffering from attacks of
epilepsy.
The family had no sufficient agricultural land and A-7 was truly
were
Nandos, he was purchasing chicken, meat and fish and providing the same to the
family of Suryakant and it was a Bonanza for them.
probability to draw the logical inference that A-7 was entertaining on account of
his poverty and without the knowledge of the activities of the accused. True it is
that A-7 ought to have been more diligent.
above ultimately warrant that he had faith in A-1 since A-1 was brought up by him
and on the other, the poverty of the family of Suryakant may have restrained him
from giving thought to other considerations. Thus the mere fact that the accusedSuryakant harboured rest of the accused in his house, can not be said to be the
incident of harbouring the accused with the knowledge of the crime committed by
the rest and thereby giving rise to the inference of the crime.
269.
is that accused No. 4 supplied the gun to the accused 1 and accused 4 concealed
the gun at the instance of A-1.
warrants that the said gun was concealed by A-4. However, that does not mean
that the said gun was purchased by him or that it was supplied by him to A-1.
Barring the bare and naked suggestions of the prosecution, there is absolutely
nothing on record to infer that A-4 was party to the crime. To illustrate it more
particularly, one more incident can be quoted from the very case that one Chetan
Raut produced before the police Rado wrist watch at the instance of accused 7.
That does not mean that Chetan Raut was also party to the crime. Thus without
there being a sufficient and positive material to show that A-4 had knowledge of
crime and A-4 concealed the said gun with the said knowledge, the A-4 can not be
held guilty for any of the charges levelled against him.
270.
Mere
.. 118 ..
offence. Resultantly since no case has been made out against accused 4-Tanaji
and accused 7-Suryakant, they will have to be acquitted of all the charges levelled
against them.
271.
.. 119 ..
Sumo as well as two bikes ultimately warrant that the aforesaid
acquisitions have made from the wrongful gains acquired by
misappropriation. Even abnormal rise in the savings bank
accounts of accused and their beloved between Sept., Oct., and
November, 2003, give rise to the logical inference that the accused
have acquired aforesaid assets by misappropriating the
amounts belonging to the victims after causing their deaths. The
failure to explain about the acquisition of aforesaid amount by
the accused is one of the strongest circumstance to infer that the
accused and accused alone are the perpetrators of the crime and
all the pointers are leading to accused and accused alone as the
culprits.
Thus the entire chain of circumstances is complete and it inspire me to
infer that the accused have committed the crime. Hence, I answer the points
accordingly.
272.
concluded that no charge levelled against accused Nos. 4 and 7 has been
established beyond reasonable doubts and as such, they are entitled to the
acquittal. Hence, I pass the following order.
-:- ORDER -:(1) Accused 4-Tanaji Sitaram Gavade and accused 7Suryakant Anant Korgaonkar stands acquitted under
section 235(1) of Cr. P. C. for the offence punishable
under sections 302, 120-B, 394, 397, 201 r. w. 120-B,
212, 115, 202 of I. P. C. and section 3, 5, 6, -=- -read with 25 of Arms Act.
(2) Their bail bonds stand cancelled.
(3) Now the case shall proceed further for hearing the
accused Nos. 1, 2, 3, and 5 on the point of sentence
on 26.05.09.
Date:- 25.05.09.
Sindhudurg-Oros.
Sd/( J. N. Shanbhag.)
Addl. Sessions Judge, Sindhudurg at
-:-Oros. -:-
26.5.09.
273
Mr. S. D. Desai, Mr. S. S. Pai representing the defence present. On the point of
sentence, on behalf of the State, it is submitted that the facts of the case warrant
that the case is rarest in rare in the sense that the cold blooded plan has been
executed brutally and 8 innocents have been killed without there being any
.. 120 ..
enmity, the blood feud, sudden and grave provocation and thus the only object
was to extract money and to finish the innocents who have been robbed. Further
it is submitted that all victims were not only helpless but they were not armed and
as against that, the above referred accused attacked them brutally with the
weapons like knife, sword, iron rod , firearm etc.. It is submitted that even small
children were also not left and thus the entire murders have been committed only
with the view to extract money and nothing else.
reliance on the case of Machhi Singh and others Vs. State of Punjab (VII) (1983(2)
Crimes 268) as well as he placed reliance on the case of State of Maharashtra Vs.
Dilip Premnarayan Tiwari and others ( 2008 All MR (Cri), 27).
273A.
submitted the precedents relied upon, are founded on altogether different facts as
there can be a precedent on law but there can not be a precedent on facts. Thus it
is submitted that the precedents relied upon, can not be taken into consideration
in order to consider the facts in hand.
capital punishment, the Court has to see that is it a case where (i) To set an
example before society to make deterrence in the society that such crime shall be
dealt with differently (ii) Secondly, the case should be of such nature that culprit is
proved to be not fit to live amongst human beings.
274.
on record to hold that at any time in past even N. C. has been recorded against
any of the accused. The entire case has been founded on circumstantial evidence.
There is no eye witness.
particular victims has been caused by a particular weapon and thus omnibus
statement has been made by the Medical Officers and the experts in respect to
probable cause of death. It is submitted that since it is a matter of circumstantial
evidence investigating officer was supposed to investigate the matter independently
in order to ascertain the truth and thus when the Investigating Officer was
trusted, he was not supposed to betray the society by making an investigation in
such a manner.
.. 121 ..
punishment since no object will be achieved by inflicting death sentence.
275.
There was compelling circumstances and the accused No. 1 was at such point
where he had no way out to come back since persons were insisting for money and
hence, desperately he committed the act. Hence, it is submitted that when the act
has been committed desperately with a motive, definitely the doctrine of rarest in
rare, can not be applied to the facts in hand.
submitted that the accused No. 1 may get an opportunity by way of reference
under section 366 of Cr. P. C. in case death penalty is imposed and otherwise he
will have to waste years together in the Jail in case the life imprisonment is
awarded. Hence, it is submitted that suitable orders may be passed.
276.
submitted that the Court on 25th May declared that all 6 accused including
accused 4 and 7, are found guilty whereas today the Court has acquitted the
accused Nos. 4 and 7 from both the cases and as such, the accused No. 3has lost
faith in the Court.
imprisonment, capital sentence may be awarded against the accused No. 3 so that
accused No. 3 can check the luck in better way before Hon.'ble The High Court.
277.
submitted against the accused. Yesterday accused No. 4-Tanaji and accused No.
7-Suryakant, were initially acquitted from all the cases and immediately thereafter
all accused from Sessions Case No. 4/05, were acquitted for want of evidence and
then accused no. 1 to 3 and 5 were held guilty in Sessions Case No. 3/05 and
5/05 and the matter proceeded further and it was kept today for hearing on the
point of sentence in respect to accused Nos. 1 to 3 and 5-Mahesh. Thus it will find
that there is absolutely no substance in the allegations made.
dictation taken by Stenographer is with the Stenographer.
The notes of
already been completed and the Judgment is almost ready and there was
absolutely no chance to deviate from the finding already recorded. Even on 25th ,
accused 4 and 5 were freed.
custody. Had the accused 4 and 7 been held guilty, immediately they would have
taken in the custody but they were freed on the very day. Thus it appears that
there was a little confusion and mis-understanding amongst the Advocates and
media in interpreting order since two accused were standing in the same row.
.. 122 ..
Thus suffice it would be to say that the submissions advanced are unfortunate.
278.
With this backdrop, now from the perusal of guidelines issued in the
Machhi Singh and others Vs. State of Punjab (VII 1983(2) Crimes page 268) wherein
while considering the award of punishment, it has been laid down from paragraph
31 and onwards that :Manner of commission of Murder.
31.
depravity and meanless. For instance when (a) a hired assassin commits murder
for the sake of money or reward (2) a cold blooded murder is committed with
deliberate design in order to inherit property or to gain control over property of a
ward or a person under the control of the murderer or vis-a-vis whom the
murderer is in a dominating position or in a position of trust.( c) a murder is
committed in the course for betrayal of the motherland.
III. Anti-Social or Socially abhorrent nature of the crime.
(a) When murder of a member of a Scheduled Caste or minority
community etc. is committed not for personal reasons but in
circumstances which arouse social wrath. For instance
when such a crime is committed in order to terrorize such
persons and frighten them into fleeing from a place or in
order to deprive them of, or make them surrender, lands or
benefits conferred on them with a view to reverse past
injustices and in order to restore the social balance.
(b) In cases of ' bride burning' and what are known as 'dowrydeaths' or when murder is committed in order to remarry for
the sake of extracting dowry once again or to marry another
woman on account of infatuation.
IV. Magnitude of Crime.
.. 123 ..
34.
For instance,
when multiple murders say of all or almost all the members of a family or a large
number of persons of a particular caste, community, or locality, are committed.
V. Personality of Victim of murder.
35.
When the victim of murder is (a)an innocent child who could not have
or has not provided even an excuse, much less a provocation, for murder, (b) a
helpless woman or a person rendered helpless by old age or fairmity, (c) when the
victim is a person vis-a-vis whom the murderer is in a position of domination or
trust; (d) when the victim is a public figure generally loved and respected by the
community for the services rendered by him and the murder is committed for
political or similar reasons other than personal reasons.
36.
(supra) will have to be called out and applied to the facts of each individual case
where the question of imposing of death sentence arises.
The following
37.
In order to apply these guidelines inter alia the following questions may
be be asked and answered :(a) Is there something uncommon about the crime which renders
.. 124 ..
sentence of imprisonment for life inadequate and calls for a death
sentence ?
(b) Are the circumstances of the crime such that there is no alternative
but to impose death sentence even after according maximum
weightage to the mitigating circumstances which speak in favour of
the offender ?
279.
Premnarayan Tiwari and others 2008 All MR(Cri) 27, and also taken to para 49 of
the Judgment, wherein it has been laid down that :Applying the principles laid down in various judgments of the
Supreme Court as mentioned hereinabove, and after giving a deep
consideration with regard to imposition of death penalty, after taking
into account the mitigating factor of lack of criminal antecedents,
however, young age is not a mitigating factor, and taking into account
the following aggravating circumstances :(a) Helpless victims;
(b) Victims totally unarmed;
( c) Victims woken up from sleep at midnight;
(d) Manner of inflicting injuries, 20-30 serious injuries on each of the
deceased, whereas even a single injury would have been
sufficient to kill, shows the barbarious attitude;
(e) Attacking ruthlessly six persons, Deepa and Indira were let off
presumed to be dead, seeking to wipe off the entire family.
(f) Attacked on every vital organ;
(g) Young boy Bijit was brutally assaulted;
(h) Not only Prabhu, even the messenger boy Abhayraj was brutally
assaulted;
(i) The time chosen was past midnight hence clearly premeditated.
(j) Assault on lower caste based on caste hatred,
and it has been finally held that when helpless victims who were totally
unarmed, woken up from sleep at midnight, were attacked ruthlessly to wipe off
entire family with an attack on every vital organ, it was held that the accused
deserved to be imposed death penalty.
279A.
As against that, the facts of the present case warrant that there is
absolutely no evidence on record to hold that there was any enmity amongst
victims on one hand and the accused on the other. There was no previous dispute
.. 125 ..
or quarrel either in respect to money or anything amongst the accused on one
hand and the victims on the other. All the victims when taken to the plateau, were
not only helpless but they were unarmed.
evidence in respect to the weapon used to assault and kill the deceased but fact
remains that the victims were found killed.
culpable homicide.
The fact remains that most of the victims were found with
skull fractured. As against that, the bank balance of the accused referred to above
was abnormally improved after the killings of the victims. As already discussed
above, the opportunity was given to explain since it was a fact within the special
knowledge of the accused but they have denied everything. The accused have not
taken an opportunity to explain the position.
from the facts on record that brutal murders were made. The conspiracy was made
with cold blood and the plans were executed brutally and even no mercy was left
to the innocent kids. All victims have been killed simultaneously right from Sept.
to Nov,, 03. The dead bodies of all nine victims found with clothes but body of
victim No. 7- Sou. Anita was found with no clothes and only elastic like rubber
was found to her waist.
What it indicates?
Last but not least. Before parting with the Judgment, I must thank
the Counsels Mr Bhanage representing the State and Mr. S. A. Samant, Mr. S. D.
Desai, Mr. S. S. Pai, Mr. R. V. Raorane, Mr. Sukali for rendering cooperation in
disposing of this case and more particularly, I must make mention of Mr. S. D.
Desai, Advocate who rendered his service to the accused No. 1 by way of free legal
aid and he left no stone unturned and did everything possible within his reach.
Somewhere it is felt that such talent should be induced to cross the floor and to
change the side. With this, I pass the following order.
ORDER -:-
(1) Accused1-Santosh Chavan, Accused-2-Amit Shinde, Accused-3Yogesh Chavan, accused No. 5-Mahesh Shinde are convicted under section 235(1)
of Cr,P.C. for the offence punishable under Sections 302, 364-A,r/w. 120(B) of I. P.
.. 126 ..
C. for having murdered victim Vijaysinh Dudhe and are sentenced to undergo
death by hang.
(2) Accused Nos. 1, 2, 3, 5 are convicted for the offence punishable
under section 302, 364-A r/w. 120-B of I. P. Code for having murdered victimDada Chavan and are sentenced to undergo death by hang.
(3) Accused Nos. 1, 2, 3, 5 are convicted for the offence punishable
under section 302, 364-A r/w. 120-B of I. P. Code for having murdered victimSanjay Gavare and are sentenced to undergo death by hang.
(4) Accused Nos. 1, 2, 3, 5 are convicted for the offence punishable
under section 302, 364-A r/w. 120-B of I. P. Code for having murdered victimVinayak Pisal and are sentenced to undergo death by hang.
(5) Accused Nos. 1, 2, 3, 5 are convicted under section 394, 397 r/w.
120-B of I. P. Code and sentenced to undergo R.I. for five years and to pay a fine of
Rs. 5000/- each, I/d. to undergo R. I. for six months each.
(6) Accused Nos. 1, 2, 3, 5 are convicted under section 404 r.w.120B I.
P. Code and are sentenced to undergo R. I. for one year and to pay a fine of Rs.
5000/- I/d. to undergo R. I. for six months.
(7) Accused Nos. 1, 2, 3, and 5 are convicted under section 201 r.w.
120B of I. P.C. and are sentenced to undergo R. I. For 5 years and to pay a fine of
Rs. 5000/- i/d to undergo R.I. for six months.
(8) Accused Nos. 1 to 3 and 5 are convicted under section 3, 5, 6, r/w.
Section 25 of Arms Act and sentenced to undergo S.I. for 3 years.
(9) Barring the death penalty, all sentences to run concurrently.
(10)Mudd. Art. Nos. 1 to 24 being worthless be destroyed after the
period of appeal is over. Mudd. Art. No. 25-Register of Pallavi lodge, Kankavali be
kept with the proceeding.
(11) Mudd. Art. No. 26-the skull of DB-3-Dada Chavan,Mudd. Art. No.
27-skull of Sanjay Gavare and Mudd. Art. No. 28-the skull of Vinayak Pisal, be
returned to the police so as to return the same to the legal heirs of the above
.. 127 ..
referred victims.
(12) Mudd. Art. No. 29-damaged mobile be destroyed after the period of
appeal is over.
(13) The order regarding disposal of Mudd. Art. No. 30 to 133 have
been passed in Sessions Case No. 3/05 and the orders regarding disposal of
Mudd. Art. Nos. 134 to 154, have been passed in Sessions Case No. 4/05.
(14) The record and proceeding of this case be submitted to the
Hon.'ble High Court of Judicature at Mumbai under section 366 of Cr. P. C. for
confirmation of the order and thus Judgment and order shall be executed only
after confirmation of the order by the Hon.'ble High Court at Mumbai.
Sd/Date :- 26.5.09.
sSindhudurg-Oros.
( J. N. Shanbhag.)
Additional Sessions Judge, S'durg
At Oros.
P.W.
No.
Name of Witness
Exh.No
Case
Remarks.
No.
Ashok Vasant
Nemalekar.
44
45
Santosh Babaji
Gawade.
49
61
Witness.
Sachin Manohar
Chavan.(C)
70
Surendra Janardan
Bodye.(C)
75
Pancha.
78
Pancha.
Vinod Dhondu
Deorukhkar(C)
86
Witness-Sweeper
Lodge.
Appa Sakharam
Rane.(C)
88
Manager,
Kankavali.
10
93
5/05
Witness.
11
Krishna Sahadeo
Gaonkar.
100
5/05
Bus Conductor.
12
Deepakkumar Chotelal
Pande.
102
13
Anand Motiram
Lokhande.
108
14
115
15
119
Manager,
Kankavali.
16
123
Gun repairer.
17
Subhash Dhondu
Chalke.
125
18
127
19
135
20
138
21
Ashok Ladoba
Todankar.
141
03/05 Panch.
22
145
03/05 Goldsmith.
23
149
5/05
DB-2-Postmortem.
24
156
5/05
DB-5-Postmortem.
04/05
03/05 Pancha witness.
04/05
Pallavi
Pickup man
travels.
5/05
in
for
Mayur
Lodge.
Sarvottam
Witness.
Konkan
Plaza,
P.W.
No.
Name of Witness
Exh.No
Case
Remarks.
No.
25
Vishwanath
Chatradhari Yadav.
159
26
165
DB-7.
27
169
28
172
29
176
30
184
31
Vasudeo Shivram
Gaonkar.
195
Rickshaw driver-Pancha-A-1's
arrest. A-4's arrest.
32
Babal Savalaram
Nandoskar.
216
Pancha-A4-Tanaji's
Gavathi Katta-A-1.
33
Hemant Jagannath
Malkar.
219
Pancha DB-9.
34
Satish Anant
Korgaonkar.
226
Witness.
35
Santosh Jagannath
Malkar.
229
Witness-(Labour)
36
Pradeep Suresh
Chavan.
236
Detection of DB No. 4.
37
238
38
241
39
243
Pancha-Specimen handwiting
i. e. person and Mr. Chalke.
40
247
Panch 10
Dbodies.
41
Deelip Ghanashyam
Tripathi.
253
Purchaser of
Mahesh-A-6.
42
Manoj Ravindranath
Yerulkar.
255
43
Anant Shridhar
Abhyankar.
258
Panch witness-Neighbour
Yogesh-A-3
44
Ankush Baburao
Solanke.
260
Iron-smith-Borivali-Witness.
45
Vilas Dattaram
Dongare.
261
46
Satish Sadashiv
Prabhu.
263
Pancha-Pallavi Lodge.
47
Chetan Bhagwan
Rawoot.
265
48
Janardan Pandurang
Ambekar.
267
Panch-A6-Mahesh
Shinde
Wrist Watch Rado given to
Chetan Rawool.
revolver.
04/05 Pancha-DB-10.
boxes
of
Dead
mobile
from
of
P.W.
No.
Name of Witness
49
270
50
Subhash Gangaram
Thombare.
278
Witness-detection
bodies 20.12.
51
291
52
294
Sarvottam Travels.
53
296
Pancha seizure of
bike of Yogesh A-3.
54
Shekhar Babasaheb
Ghadge.
299
Resident Nayab
exhumed DB-10.
55
Vitthal Pundalik
Chavan.
304
56
Parshuram Ganpat
Parab.
306
Pancha.A-2-specimen
handwriting.
57
Murlidhar Jayram
Kharade.
310
58
314
59
Gerard Thomas
Demelo.
322
60
Sanjay Dagadu
Kamble.
324
61
Uttam Vithoba
Malgaonkar.
328
62
Madhukar Gangarm
Chavan.
346
Pancha-search
Kerubhai Mali.
63
Fatteshingh
Vinayakrao Dudhue.
348
Witness.
64
349
Witness-Brother
Sarage.
65
Vimal Madanlal
Kapoor.
352
Car
Seller,
Ghatkopar,sold
Tata Sumo in the name of A-2
66
353
67
Sachin Mahadeo
Shinde.
354
68
Gnyanendra Padmakar
Upadhyay.
360
Reliance intercom.
69
Dayanand Jagannath
Thorat.
363
70
Harjeetsingh
Mahindarsingh Kochar.
365
Deepali Deelip
Malgaonkr.
374
71
Exh.No
Case
Remarks.
No.
of
dead
splender
Tahasildar
Sold mobile
20500/-
of
to
of
waist
flat
of
Shankar
A-3-Yogesh-
P.W.
No.
Name of Witness
Exh.No
Case
Remarks.
No.
72
Dattaram Purshottam
Mhapsekar.
375
Panch-seizure of register
Konkan Plaza, Kankavali.
73
Kamalakar Vasant
Gawade.
377
74
383
Panch-S-27-A2.
75
390
Witness.
76
393
77
431
Labour,
P.W.D.
witness-inquest.
78
435
79
S.G. Jadhavvar.
439
T. I. Parade.
80
448
Witness-Widow
Gavare.
81
455
82
456
male
with
83
457
Police Constable
articles.
with
84
458
Police Constable-DB-9
articles.
with
85
Tukaram Ramchandra
Padval.
459
Police Constable
articles.
DB-6
and
86
460
DB-1,
2
Constable.
3-
87
461
88
Arun Shantaram
Jadhav.
498
DISCARDED.
89
Ramchandra Babana
Dhuri.
499
Viscera
of
Constable.
90
Janardan Laxman
Revandkar.
500
91
Atmaram Sitaram
Gosavi.
501
92
Vishnu Tukaram
Kalsulkar.
510
93
Vijay Murlidhar
Dhumal.
521
PSI,
Sawantwadi
collected
specimen
handwriting
of
Dadasaheb.
94
Kishor Janardan
Hirlekar.
530
Carrier of diary to c. A.
95
Arun Shantaram
Jadhav.
563
Pancha
of
and
of
Sanjay
DB-8
DB-10,
Police
Police
P.W.
No.
Name of Witness
Exh.No
Case
Remarks.
No.
96
Subhash Tukaram
Dabholkar.
574
Panch witness-leather
containing Rs.8100/-.
97
Pradeep Anantrao
Pisal.
575
98
Vinayak Dinkar
Chavan.
579
Witness
Dada.
99
580
585
Bank
Manager,Mahanagar
Cooperative.
589
P.S.I., Carrier
samples.
594
A.P.I.
598
Witness of Jevur.
599
Examiner of documents.
606
610
649
D. N. A.
663
Superimposition.
670
Dahisar Branch,
Maharshtra.
671
Dahisar Branch S. B. I.
672
Great
Cooperative
Borivali.
676
Branch
Manager,
Maratha
Sahakari Branch, Borivali.
679
681
684
685
687
689
698
Witness-Widow
Shankar Sarage.
brother
of
of
purse
victim
boxes
of
----
Bank
of
of
Bank,
victim
P.W.
No.
Name of Witness
Exh.No
Case
Remarks.
No.
699
701
Dy. S. P.
711
P.S. I.
716
Dy. S. P.
719
A. P. I.
746
Senior P. I.
785
P. I.
795
P. I.
804
Dy. S. P.
Date :- 26.5.09.
Sindhudurg.
Sd/(J. N. Shanbhag. )
Additional Sessions Judge, S'durg.
At Oros.
Sr.
No.
Witness
No.
2
Exh.
No.
Identified Articles
Court Exhibits
45
49
Smita Suryakant
Korgaonkar
61
70
75
78
88
10
93
10
13
108
2] Statement U/s.164
111
3] Statement U/s.162 from
Badalapur P.St.113'
11
14
115
12
15
119
13
16
123
14
18
127
AZ
Accused Amit, Yogesh & Santosh
1] Register of Hotel Konkan Plaza
110
2] Entry No.892
120
3] Entry No.912
121
4] Entry No.913
122
5] Entry No.917
110
1] Muzzle Loader Gun
AI
Accused Tanaji & Suryakant
1] Statement U/s. 164
129
Accused Santosh, Amit & Yogesh.
15
23
149
1] P.M. Report
150
2] Letter given by Dr. Patil to Malvan
Police station 151
24
156
1] P.M. Report
157
2] C.A. Report ( Body No. 5
deceased Pisal ) BR
3] Blue colour Jeans full pant
(deceased Pisal)
DB-5A
4] Shirt (deceased Pisal ) DB-5B
5]Letter given by Dr. Joshi to Malvan
P.S.158
17
Vishwanath Chhatradhari
Yadav
25
159
18
28
172
19
29
176
20
30
184
21
Vasudeo Shivaram
Gaonkar
31
195
CU to
CU 7
2h] Citizen Watch
CV
2I] Silver colour ring
CW
2j] Nokia Mobile
V
2k] Reliance ( L G make )CN
3] Arrest panchanama of Accused
Tanaji Gawade 198
3a] Full Shirt CX
3b] Full Pant CX1
4]Seizure clothes of Body No.2-201
4a] Belt
BP
4b] Silver Ring ( Dudhe )AO
4c] Gunny bag
B2
5d] Black shoe
AP
5] Seizure clothes of Body No.3- 202
5a] Waist belt DB-3A
5b] Leather Belt DB-3B
6] Seizure clothes of Body No.4- 203
6a] Black Belt DB-4A
7] Seizure clothes of Body No.5- 204
7a] Blue colour Jeans pant DB-5A
7b] White Full Shirt - DB-5B
7c] Necklace String - DB-5C
7d] Waist Belt DB-5D
8] Arrest panchanama of Accused
Mahesh Shinde 208
9] Panchanama Seizure of Mobile 211
10] Nokia mobile
CM
11] Samsung
W
22
Babal Savalaram
Nandoskar
32
216
23
33
219
24
34
226
25
35
229
26
36
236
27
Dr. Pravinkumar N.
Jadhav
37
238
28
39
243
29
40
247
30
43
258
31
44
260
32
45
261
33
46
263
34
49
270
246
1a] Skull of Body No. 3
DN
1b] Skull of Body No. 4
DO
1c] Skull of Body No. 5
DP
1] Seizure Panchanama of bones of
Body No.1, 3, 7&10
248
1] Property search panchanama
(Accused Yogesh Chavan)
259
2] Pass book of Greater Bombay Cooperative Bank
DV
3] Pass book of Maratha Sahakari Bank
DW
4] R.C. book & Keys of motorcycle
No.MH-05-M-8485
DX, DY
5] Envelope of article DV
DV 1
6] Envelope of article DX
DX 1
Accused Yogesh Chavan identified by
the witness.
1] Knife
AE
Accused Mahesh Shinde identified by
the witness.
1] Panchanama
262
2] Iron bar ( 14 inch )
DZ
3] Coir
EA
4] Lead
EB
1] Seizure Panchanama of register of
Pallavi lodge
264
2] register of Pallavi lodge
AM
1] Three Recipts given by accused
Mahesh's father271 to
271-2
2]Accd. Mahesh Shinde identified by
the witness.
35
Subhash Gangaram
Thombre
50
278
1] Panchanama
279
2] Pocket Diary
EC
3] Telephone Bills
ED,ED 1 to
ED 5
4] Three visiting cards
EE to
EE 2
5] Three hotel bills
EF to
EF 2
6] 7x12 extract
EG
7] Panchanama
280
8] Baccals
EH
9] Clip part of ball pen
EM
10] Burn pieces of cloth
EI
11] Locket
EJ
12] Burn nylon pieces
EK
13 Two keys
AF
14] Ball pen parts
EL
15] Baccals EM
16] Chuna EM
17] 25 paise coin ( Four coins ) EM
18] Two iron stribs - EM
19] Safety pin - EM
20] pieces of magnet EM
21] Ash
EM
22] Spot panchanama 281
23] sandle
EN
24] Blood Mixed soil ( Body No.1 )-ER
25] Ordinary soil ( Body No.1 )-ER
26] Blood Mixed soil ( Body No.2 )ER
27] Ordinary soil ( Body No.2 )
ER
28] Blood Mixed soil ( Body No.3 )ER
29] Ordinary soil ( Body No.3 )ER
29] White full shirt
30] Khaki full shirt
31] Handkerchif
ES
32] Comb
ET
33] Laterien Stone
EE
34] Blood Mixed soil ( Body No.4 )
35] Ordinary soil ( Body No.1 )
36] Socks
EV
37] Bunch of hair
EW
38] Leather shoe
EO
39] Blood Mixed soil ( Body No.5 )
40] Ordinary soil ( Body No.5 )
41] Blood Mixed soil ( Body No.6 )
42] Ordinary soil ( Body No.6 )- '
43] Blood Mixed soil ( Body No.7 )
44] Ordinary soil ( Body No.7 )
45] Panchanama
179
46] Butt of Muzzle Loader Gun CE
47] Cloth Bag
CF
48] Glass bottle ( 180ml ) CG
CH
CI
CJ
CL
36
53
296
37
55
304
38
56
306
39
58
314
40
59
322
41
60
324
42
Uttam Vithoba
Malgaonkar
61
328
43
Fhattesingh Vinayakrao
Dudhe
63
348
44
64
349
45
65
352
46
67
354
47
Gynendra Padmakar
Upadhye
68
360
48
Dayanand Jagannath
Thorat
69
363
49
70
365
50
71
374
51
73
377
52
75
390
53
Anil Digambarrao
Jinturkar
76
393
54
77
431
55
79
439
56
80
448
57
V. D. Joshi
81
455
58
82
59
84
60
86
61
91
62
92
456
516
6] Chit of acknowledgment given by
handwriting expert
517
1] Report given by Parab to in-charge
of Malvan police station
529
1] Report (Body No.2) given by Rane to
in-charge of Malvan police station
524
2] Report (Body No.3) given by Rane to
in-charge of Malvan police station
525
1] Report (Body No.9) given by Gosavi
to in-charge of Malvan police station
532
2] Order given by I.O. Prabhukhanolkar
to Gosavi
533
3] Seizure Panchanama of Hack-saw
Blade dated 11/03/2004179
4] Report given by Gosavi to in-charge
of Malvan police station
534
5] Seizure Panchanama of Money purse
dated 14/03/2004
535
6] Report given by Gosavi to in-charge
of Malvan police station
536
7] Receipt of fire injury mark report
537
8] Report given by Gosavi to I.O.
Prabhukhanolkar
538
9] Money purse
FY
1] Receipt of reports of Articles
containing Gunpowder and others
542
63
93
64
94
65
95
563
66
Subhash Tukaram
Dabholkar
96
574
67
97
575
68
98
579
69
Vijaykumar Baswanna
Tupad
101
589
70
102
594
71
Deepak Namdev
Bandalkar
103
598
1] D. N. A. identification form of
Bhimrao Dinkar Chavan
341
2] Telephone Diary of deceased Chavan
PC
3] Diary of deceased Chavan FX
4] Belt
DB-3B
1] Letter given by I.O. Prabhukhanolkar
to Dean of Miraj Medical College
397
2] Letter given by I.O. Prabhukhanolkar
to Dr. Nagraju (D. N. A.)
590
3] Letter given by Dr. Sobhan Babu to
S. P., Sindhudurga.591
4]Report given by Tuppad to I.O.
Prabhukhanolkar
592
1] Letter given by C. D. F. D.,
Hyderabad to I.O. Prabhukhanolkar
595
2] Report given by Todkar to I. O.
Prabhukhanolkar
596
1] Seizure panchanama of pocket Diary
of deceased Dadasaheb Chavan
522
2] Diary of deceased Dadasaheb Dinkar
Chavan
FX
72
104
599
73
105
606
74
S. Pandurang Prasad
107
649
2] D. N. A. report
650
3] Letter given by I.O.
Prabhukhanolkar to C.D.F.D.,
Hyderabad
651 A
75
Ratnaprabha Dattatray
Gujrathi
108
663
76
109
670
77
Vijaykumar Dattaram
Bandodkar
110
671
78
111
672
79
Vidhyadhar Shankar
Rawool
112
676
80
Shamsunder Shridhar
Munj
113
679
81
Hanumant Vinayak
Kulkarni
114
681
82
115
684
83
116
685
84
Chandrakant Bhagawan
Lad
117
687
85
Prabhakar Sakharam
Chavan
118
689
86
120
699
87
121
701
88
122
711
89
123
716
90
Rajendra Narayan
Mungekar
124
719
91
125
746
1] Panchanama
280
2] Art. No. 2 to 15- Art. EH & EH-1,
EM, EI, ED, EK, AF, EL & EM
3] Office copy of the letter dated.
22/12/2003 given by I.O.
747
4] Arrest panchanama of accused Amit
Shinde
748
5] Arrest panchanama of accused
Yogesh Chavan
749
6] Art. Nos. 126 & 127 CM & H
7] Report submitted to I.O. 750
8] Office copy of the order given by
I.O. to Godbole
751
9] Order of Court U/s. 164 to record the
statement752
10] Report submitted to I.O. 753
11] Copy of the order given by I. O.
754
12] Seizure Panchanama of Hero
Honda Motorcycle and R.C. book of
Amit 755
769
28] Order of Court U/s. 164 to record
the statement770
29] Report submitted to I.O.
771
30] Report given by Godbole to I.O.
772
31] Order of Court U/s. 164 to record
the statement773
32] Report submitted to I.O.
774
33] Copy of the order given by I.
O.775
34] Order of Court U/s. 164 to record
the statement776
35] Order of Court U/s. 164 to record
the statement777
36] Report submitted to I.O.
778
37] Report submitted by Godbole to
C.J.M., Oros
779
38] Order of Court U/s. 164 to record
the statement780
39] Report submitted to I.O.
781
92
126
785
93
Maula Noormahmad
Landge
127
795
1] Memorandom panchanama 52
2] Panchanama
53
3] Letter given by Landge to G. M. C.,
Miraj
395
4] Letter given by Landge to Executive
Magistrate, Malvan 300
5] Letter given by Landge to Dr. Pol
140
6] F.I.R. of Cr. No. 1/04
796
7] Proforma F.I.R.
797
8]Letter given by Landge to
GMC.,Miraj396
9] Seizure panchanama of Skulls 246
10] Receipt of C.A.of telephone diary
531
11] Report Submitted to District
Collector Sindhudurga for permission to
submit chargesheet U/s.39 of Arms act 798
12] Report given to C.A. for super
imposition of Skull 571
13] Information report submitted by
Landge to C.A.
666
14] Letter given by Landge to
B.D.O.799
15] Reply given by B.D.O. to Landge
800
16]School leaving certificate of A1
801 & 802
17] Seizure panchanama of Reliance
Mobile 222
94
Madhav Prabhakar
Prabhu-Khanolkar
Date :- 26.5.09.
Sindhudurg-Oros.
128
804
ANNEXURE -'C'
Name
Account
No.
Sept.03
15046
--
--
5,000/-
--
(10/11)
40,000/(11/11)
Bank of Maharashtra.
State Bank of India.
10262
1,56,812/
-
01190/
(16/9)
034515
--
--
7,000/-
--
(5/11)
15,000/- 15,000/(3/10)
--
(10/11)
13,000/(6/10)
215/(11/10)
YOGESH MADHUKAR
CHAVAN.
35093
--
--
5,000/-
--
(18/11)
20,000/(19/11)
15047
--
--
5,000/-
--
(10/11)
40,000/(11/11)
40,000/(18/11)
01190/
033835
(1/10)
5,000/(3/10)
(19/11)
--
32157
--
4,000/- 10,000/
(31/10)
--
(4/11)
3,000/(28/11)
SUJATA GAJANAN MORE.
Maratha Sahakari Bank.
34021
20,000/-
--
(29/9)
24,000/
-
--
(3/11)
25,000/
(3/11)
20,000/
(19/11)
15052
--
--
500/-
--
(12/11)
500/(13/11)
35,000/
(20/11)
POONAM A. LOKE.
The Greater Bombay Bank.
14566
1248/(17/9)
600/(22/9)
Date :- 26.5.09.
Sindhudurg.
--
40,000/
-
--
(11/11)
3,000/(13/11)
Sd/-
( J. N. Shanbhag.)
Addl. Sessions Judge, Sindhudurg
At Oros.