Case Note & Summary
In the present matter, the appellants, original accused Nos. 1 to 4, along with two other acquitted co-accused, were tried for the murder of six persons at Gavade Vasti, Miraj, on the night of 14/15 June 2006. The prosecution case was that the accused, in furtherance of a criminal conspiracy, administered a sedative (powder of Dhattura seeds) to the victims through tea and then killed them by striking their heads with wooden logs. On the morning of 15 June 2006, the police were alerted after a neighbour found the house unresponsive and two roof tiles removed. Upon inspection, six dead bodies were discovered lying in a pool of blood. An FIR was registered under Section 302 IPC. Investigation led to the arrest of the appellants. During investigation, various articles including bloodstained wooden logs, a slipper, Dhattura seeds, and a towel were seized. Narco analysis and lie detector tests were conducted. An extra-judicial confession was allegedly made by accused No. 4 to a witness. The trial court convicted the appellants under Section 302 read with 120B IPC and sentenced them to life imprisonment, while acquitting them of other charges and acquitting the two co-accused entirely. The appellants filed separate appeals challenging the conviction. Before the High Court, the appellants argued that the prosecution failed to prove motive, did not establish a link between the Dhattura seeds and the actual administration to the deceased, and lacked legally admissible evidence connecting them to the crime. The State supported the conviction, contending the circumstantial evidence was sufficient. The High Court heard the appeals and reserved judgment on 16 June 2014, subsequently pronouncing its order on 27 August 2014.
Issue of Consideration
CRIMINAL APPEAL NO.410 OF 2011
Case Details
2014 LawText (BOM) (08) 71
Criminal Appeal No. 410 of 2011, with Criminal Appeal No. 869 of 2011 and Criminal Appeal No. 927 of 2012
Smt. V.K. Tahilramani, A.S. Gadkari
Dr. Yug Mohit Chaudhary with Mr. Dashrath Gaikwad for Appellant No.1 in Cri.Appeal 410/2011 and for the Appellant in Cri.Appeal 927/2012, Mr. Kuldip S. Patil for Appellant No.2 in Cri. Appeal 410/2011 and appointed advocate for the Appellant in Cri. Appeal 869/2011, Smt. V.R. Bhonsale, Addl. P.P. for Respondent – State
Manoj Mahadev Gawade, Mahadev Ammana Gawade (Appeal 410/2011), Malubai Pandurang Gavade (Appeal 869/2011), Popat @ Nitesh Mahalu Mane-Vavare (Appeal 927/2012)
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Nature of Litigation
Criminal appeals against conviction for offences including murder and criminal conspiracy.
Remedy Sought
Appellants seek to set aside conviction and acquittal.
Filing Reason
Conviction by trial court for murder of six persons and criminal conspiracy.
Previous Decisions
Sessions Court convicted appellants under Section 302 read with 120B IPC, acquitted co-accused and other charges.
Issues
Whether prosecution proved motive for crime
Whether link between Dhattura seeds and administration to deceased established
Whether legally admissible evidence linked appellants to crime
Submissions/Arguments
Learned counsel for appellants submitted that prosecution failed to prove motive behind the crime.
Learned counsel for appellants submitted that prosecution failed to establish the link between the administration of Dhattura seeds powder to the deceased through tea and the appellants.
Learned counsel for appellants submitted that there was no last seen together evidence or any legally admissible evidence linking the appellants to the crime.
Learned APP for State supported the impugned judgment and conviction, praying that the conviction and sentence be upheld.
Judgment Excerpts
six persons inside the house are lying in a pool of blood
convicted ... under Section 302 read with Section 120(B) of the Indian Penal Code
prosecution has utterly failed to prove the motive behind the entire crime
Procedural History
FIR registered as Crime No.95 of 2006 under Section 302 IPC. Investigation led to arrest of six accused. Charge-sheet filed on 14 September 2006. Case committed to Sessions Court. Trial in Sessions Case No.215 of 2006 resulted in conviction of accused 1-4 under Section 302/120B IPC and acquittal of accused 5-6. Appellants filed appeals before Bombay High Court.
Acts & Sections
- Indian Penal Code, 1860: 143, 146, 147, 148, 149, 452, 302, 201, 120B
