SHESHANNA BHUMANNA YADAV Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal by special leave is against the judgment dated 18th December, 1968 of the High Court at Bombay dismissing the appeal and confirming the conviction of Moti alias Narayan Seshanna Yadav and Sheshanna Bhumanna Yadav accused Nos. 2 and 3 respectively except that the conviction of accused No. 2 of the substantive offence of murder under Section 302 was altered and accused No. 2 was convicted of an offence under Section 302 read with Section 120B as well as of offence under Section 302 read with Section 34 of the Indian Penal Code. The High Court confirmed the sentence of death passed against accused No. 3 Sheshanna Bhumanna Yadav. Accused No. 2 son of accused No. 3 was at the time of the judgment of High Court of 17 years of age. The High Court reduced the punishment of accused No. 2 to rigorous imprisonment for life. Accused No. 1 Hiralal was the domestic servant of Dr. Nanavati grandfather of the deceased Narendra. Accused No. 2 is the son of accused No. 3.

(2.) Accused No. 1 Hiralal Jamnadas Joshi, accused No. 2 Moti alias Narayan Sheshanna Yadav and accused No. 3 Sheshanna Bhumanna Yadav were charged with having entered into criminal conspiracy with approver Dinkar Sakharam between 19th December, 1967 and 4th January, 1968 at Deolali Camp for the purpose of committing the murder of Narendrakumar and committed house breaking and thefts in the house of his grandfather Dr. Nanavati and disposed of the property so obtained and caused the evidence of murder to disappear with the intention of screening the offenders from lawful punishment and that these acts were done in pursuance of the said criminal conspiracy, an offence punishable under Section 120B read with Sections 302, 454, 380, 414 and 201 of the Indian Penal Code. Accused Nos. 1 to 9 were further charged with having committed the murder of Narendrakumar in complicity with approver Dinkar Sakharam and the said murder came to be committed in furtherance of common intention of all the accused an offence punishable under Section 302 read with section 34 of Indian Penal Code. They were further charged under Sections 201, 454, 380 and 411 of the Indian Penal Code.

(3.) Dr. Dalichand Nanavati the grandfather of deceased Narendrakumar who met unnatural and unfortunate end at the hands of accused No.2 and one Dinkar Sakharam, subsequently turned approver, resided at Deolali Camp at Dhondi Road in bungalow No. 17 for about 11 years. He was a registered medical practitioner. At the relevant time he was in pharmaceutical business for the manufacture of medicines. The head office was at Bombay. The branch was at Deolali. The owner of bungalow No. 17 was Narsanna Bhumanna Yadav brother of accused No. 8. Narasanna was a person of unsound mind and accused No. 8 was the holder of power of attorney. Accused No. 3 resided at the rear portion of bungalow No. 17. The bungalow was agreed to be sold to Dr. Nanavati. There were civil and criminal proceedings out of that transaction. Bungalow No. 17 was eventually sold to a third party on 11th May, 1964. In the sale deed it was said that possession of the portion in the occupation of Dr. Nanavati would be handed over to the vendee when the proceedings pending against Dr. Nanavati concluded. Dr. Nanavati succeeded in those proceedings. Therefore, possession could not be given by the vendor to the vendee.