ARVIND SINGH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The present appeals are directed against the judgment and order passed by the High Court of Judicature at Bombay (Nagpur Bench) on 5th May, 2016 whereby the appeals filed by the appellants Rajesh Daware [for short, 'A-1'] and Arvind Singh [for short, 'A-2'] against their conviction for offences punishable under Section 364A read with Section 34 of the Indian Penal Code, 1860 [for short, 'IPC'] and Section 302 read with Section 34 IPC was dismissed by confirming the death sentence imposed upon them by the learned Sessions Judge, Nagpur vide its order dated 4th February, 2016.

(2.) The prosecution process was set in motion on the basis of an oral statement made by Dr. Mukesh Ramanlal Chandak (PW-1) to the Police Sub-Inspector, Police Station Lakadganj, Nagpur City on 1st September, 2014 about his son Yug, aged 8 years being missing. Dr. Chandak stated that, on 1st September, 2014, when he was present with his wife at the hospital, she told him that their driver Raju Tote had informed her on the phone that their son went along with somebody. Dr. Chandak (PW-1) came home and inquired from Arun Parmanand Meshram (PW-31), the watchman of their housing society, 'Guru Vandana Apartment [for short, 'Apartment']', who informed him that at about 3:45 pm, when he was sitting near the gate of the Apartment, an unknown, fair complexioned boy, aged about 20-25 years, wearing a red half sleeves T-shirt, full white pants with a white handkerchief wrapped around his face, came to him, riding a black scooty. This boy parked his vehicle near the footpath in front of the gate and asked Arun Parmanand Meshram (PW-31) whether Yug has come home. Arun Parmanand Meshram (PW-31) replied in the negative and asked him to go inside and find out for himself but the boy remained at the gate itself. He had worn the clothes (uniform) like that of the clothes of the employees of Dr. Chandak's clinic. After about 15 minutes, Yug, came in his school dress. He kept his school bag on chair meant for him and told Arun Parmanand Meshram (PW-31) to leave the school bag at his Apartment, who told him that he will require half an hour to do the same. Thereafter, he saw Yug going towards Chhapru Nagar Chowk along with the boy on his scooty. Arun Parmanand Meshram (PW-31) was under the impression that the said boy might be an employee of Dr. Chandak's clinic because his clothes were like the uniform that his employees wear.

(3.) On the basis of such statement received in the Police Station at 17:10 hours, FIR No. 287 of 2014 was registered for an offence under Section 363 IPC but after the information of kidnapping and death was received, offences under Section 364A and Section 302 read with Section 34 IPC were added. The initial investigation was taken over by N.T. Gosawi (PW-25) and later taken over by S.K. Jaiswal (PW-50). On completion of the investigation, including the recovery of dead body, the prosecution presented a charge sheet for the trial of the accused. The prosecution examined 50 witnesses in support of the charges levelled against A-1 and A-2.