Case Note & Summary
The appeal arose from the conviction and sentence of accused No.1 Pappu @ Suresh Budharmal Kalani by the Additional Sessions Judge, Kalyan in Sessions Case No.218 of 1999. He was convicted for an offence punishable under Section 120B read with Section 302 of the Indian Penal Code and sentenced to life imprisonment and fine. The prosecution case was that on 28 April 1990, four assailants arrived in a Maruti car at the burner factory in Ulhasnagar where the deceased Inder Sunderdas Bhatija was present. Police constable Ghanshyam Vijaykumar Bendre, who was assigned as a bodyguard to Inder, witnessed the attack. Two of the assailants threatened the bodyguard and watchman, snatched the musket, while the other two entered the office and shot Inder. The victim was taken to Central Hospital and later succumbed to injuries. The investigation revealed that accused No.1 and another had conspired to murder Inder due to previous enmity linked to the murder of the deceased's brother. The trial court convicted accused Nos. 1, 3, 6 and 7 under various provisions, while acquitting accused No.2 and No.5. The appellant challenged the conviction in the High Court, but the judgment text provided does not include the court's reasoning or final decision on the appeal.
Issue of Consideration
CRIMINAL APPEAL NO.1309 OF 2013
Case Details
2014 LawText (BOM) (10) 64
CRIMINAL APPEAL NO.1309 OF 2013
S.C. Dharmadhikari, A.K. Menon
A.P. Mundargi, Girish Kulkarni, Bhojraj Jeswani, M.G. Shukla, Ganesh Gole, Vikas B. PatilShirgaonkar
Shri Pappu @ Suresh Budharmal Kalani
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Nature of Litigation
Criminal appeal against conviction for conspiracy and murder
Remedy Sought
Appellant (original accused No.1) sought to set aside conviction and sentence
Filing Reason
Aggrieved by conviction under Section 120B r/w 302 IPC and life imprisonment by trial court
Previous Decisions
Convicted by Additional Sessions Judge, Kalyan in Sessions Case No.218 of 1999 on 3rd December 2013
Judgment Excerpts
By the impugned judgment and order, the accused No.1 who was tried alongwith five others has been convicted of an offence punishable under Section 120B read with Section 302 of the Indian Penal Code.
The prosecution case further is that at about 12.15 p.m. one biscuit colour Maruti car came from the direction of Hotel Pinto and stopped in front of the office.
The investigation was handed over to Police Inspector (PI) Vilas Shripadrao Jadhav.
The Deputy Commissioner of Police Subhash Bhalchandra Phadke subsequently took over the investigation and initially a chargesheet was forwarded to the Designated Court under the Terrorist And Disruptive Activities (Prevention) Act, 1987.
Procedural History
The complainant police constable lodged a complaint on 28 April 1990, leading to registration of C.R.No.I89/90. Investigation was initially handled by PI Vilas Shripadrao Jadhav, then transferred to Punjabi Colony Police Station. DCP Subhash Bhalchandra Phadke took over and filed a chargesheet before the Designated Court under TADA. Later, accused were arrested in other cases, confessional statements under TADA were recorded, supplementary chargesheet was filed. Trial proceeded in Sessions Case No.218 of 1999, resulting in conviction and sentence on 3 December 2013. The appellant filed Criminal Appeal No.1309 of 2013 before the Bombay High Court.
Acts & Sections
- Indian Penal Code: 120B, 302, 34, 450, 506(2), 353, 109, 307
- Indian Arms Act: 27(2)
