Case Note & Summary
The case involved three criminal appeals filed by convicted accused (original accused nos.1 to 4, 7 and 8) against the judgment and order dated 28/4/1994 of the II Additional Sessions Judge, Thane in Sessions Case No.622 of 1990. The incident occurred on the night of 6th May 1990 after 10 p.m. during a haldi ceremony in a mandap erected in front of the house of Gangubai Gaikwad. The accused were alleged to have assaulted deceased Suhas with choppers and other weapons, then abducted him in a jeep. His dead body was found the next day on a railway goods track near Kalyan. The trial court convicted the accused under Sections 302, 364, 201 read with Section 149 of IPC, and under Sections 147 and 148 IPC, sentencing them to life imprisonment among other punishments. The prosecution case relied on four eyewitnesses, including the complainant who was the brother of the deceased, and on recoveries of weapons, blood-stained articles, and test identification parades. The defence of accused no.1 was that he and his brother were attacked by the deceased and his associates, resulting in accused no.2 being hospitalized, and that he had lodged a cross-complaint. In the appeals, counsel for the accused challenged the reliability of the eyewitnesses, pointed out delays in recording statements, absence of blood at the scene, and argued that accused no.2 could not have participated in the crime due to his own injury. The prosecution supported the conviction. The judgment excerpt does not include the court's analysis or final decision.
Issue of Consideration
CRIMINAL APPEAL NO.307 OF 1994
Case Details
2005 LawText (BOM) (03) 37
Criminal Appeal No.307, 309, 343 of 1994
S.S. Parkar, Anoop V. Mohta
Shirish Gupte, A.P. Mundargi, Z.N. Kazi, M.K. Kocharekar, Manjula Rao, F.R. Shaikh
Bhagwan Atmaram Bhoir, Pandit Atmaram Bhoir, Krishna Mahadu Gavali, Ananta Gopal Gavali, Nanu Rambharansingh, Raju @ Abdul Rajjak Shaikh
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Nature of Litigation
Criminal appeals against conviction for murder, abduction, causing disappearance of evidence, and rioting.
Remedy Sought
The appellants (original accused) sought to set aside the conviction and sentence imposed by the Sessions Court.
Filing Reason
The trial court convicted the appellants for murder, abduction, and destruction of evidence, and they challenged the conviction.
Previous Decisions
The II Additional Sessions Judge, Thane in Sessions Case No.622 of 1990 convicted the appellants and sentenced them to life imprisonment among other sentences.
Submissions/Arguments
Mr. Gupte contended that the Investigating Agency did not investigate the complaint filed by accused no.1 though accused no.2 was admitted in the hospital at about 10.40 p.m. that night.
He expressed doubt about the presence of P.W. Nos.2 to 4 at the place of incident as their names were not mentioned in the complaint and their statements were recorded on 9/5/1990 i.e. after four days and, therefore, no reliance can be placed on the evidence of P.W.Nos.2 to 4 when important omissions have been pointed out in their police statements.
He submitted that the other witnesses have not given proper sequence of the events and, therefore, their presence at the place of incident is doubtful.
He also commented on the evidence of P.W.1 who stated that there was pool of blood in the Pandal due to the injuries suffered by Suhas when he was assaulted there but spot panchanama does not indicate the existence of pool of blood in the Pandal.
Mr. Mundargi contended on behalf of accused no.2 that accused no.2 himself being injured and admitted in the hospital same night at about 10.40 p.m. he could not have been convicted for the offence of murder by application of Section 149 of IPC.
Judgment Excerpts
These three appeals arise from the Judgment and Order dated 28/4/1994 delivered by the II Additional Sessions Judge, Thane convicting the appellants in the three appeals, who are original accused nos.1 to 4, 7 and 8 in Sessions Case No.622 of 1990 for offences under Sections 302, 364, 201 all read with Section 149 of IPC and for offence under Section 147 of IPC.
The incident had taken place on the night of 6th of May 1990 after 10 p.m. when the members of both the sides were present in a ‘Mandap’ which was erected in front of the house of one Gangubai for the purpose of haldi ceremony in connection with the marriage of one Madhukar Bhoir and his sister Asha Bhoir.
The dead body of Suhas was found in the afternoon of following day on goods track near Kalyan Railway Line.
Mr. Gupte contended that the Investigating Agency did not investigate the complaint filed by accused no.1 though accused no.2 was admitted in the hospital at about 10.40 p.m. that night.
Procedural History
Incident took place on 6/5/1990 after 10 p.m. Same night, complainant Sudhir lodged complaint (Exh.33) at Kolshewadi Police Station, which was registered as C.R. No.I-39/1990 under Sections 147, 148, 149, 363, 366 IPC. Accused no.1 also lodged a complaint the same night (C.R. No.I-40/1990) alleging assault by deceased and his associates, and accused no.2 was hospitalized. On 7/5/1990, spot panchanama Exh.64 was drawn, dead body of Suhas was found near Kalyan Railway Line, accused nos.1 and 2 were arrested, and Section 302 IPC was added. On 8/5/1990, two jeeps were attached under panchanama Exh.53. On 9/5/1990, statements of eyewitnesses were recorded. On 10/5/1990, blood-stained choppers and clothes were recovered at the instance of accused no.1. Accused nos.3, 5, 6 were arrested on 22/5/1990, accused no.4 on 30/6/1990, and accused no.8 on 15/9/1990. Test identification parade was held on 6/7/1990 for accused nos.3, 5, 6, 4, and on 26/9/1990 for accused no.8. Charge-sheet was filed against accused nos.1-6 on 3/8/1990, and supplementary charge-sheet including accused nos.7 and 8 on 4/10/1990. The case was committed to the Sessions Court as Sessions Case No.622 of 1990. Trial proceeded, and by judgment and order dated 28/4/1994, accused nos.5 and 6 were acquitted, while accused nos.1,2,3,4,7,8 were convicted and sentenced as detailed. The convicted accused filed the present appeals.
Acts & Sections
- Indian Penal Code, 1860: 302, 364, 201, 147, 148, 149, 363, 366
