GULABSINGH PRABHU RATHOD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THESE three criminal appeals are filed by the appellants Gulabsingh Prabhu Rathod, Ranglal @ Ganeshdas and Harikisandas Keshavji Johanputra (original accused Nos. 1,3 and 4), being aggrieved by the judgment and order dated 4-10-1985, passed by the Additional Sessions Judge, Greater Bombay, in Sessions Case No. 301 of 1984. By the impugned judgment and order, the learned Additional Sessions Judge, Greater Bombay, convicted these appellants/original accused for offence punishable under section 302 r/w section 34 of the Indian Penal Code and sentenced them to suffer imprisonment for life. The learned Additional Sessions Judge also convicted the appellants for an offence punishable under section 201 r/w section 34 of the Indian Penal Code and sentenced them to suffer R. I. for seven years. Both the sentences were ordered to run concurrently. Original accused No. 2 Nandkishore Gulabsingh Rathod, who was the son of original accused No. 3 Gulabsingh Prabhu Rathod, expired during the pendency of the trial.

(2.) THE charge against the appellants was that these appellants and the deceased Nandkishore Rathod intentionally or with knowledge and in furtherance of common intention committed murder of one Narsinghdas Tyagi Baba with dangerous weapons like brass plate and stick and after committing the murder of Narsinghdas Tyagi Baba, accused Nos. 1 to 3 and the deceased accused Nandkishore Rathod put the dead body of Narsinghdas Tyagi Baba in a gunny bag and removed it outside the said temple to dump it at some unknown place with a view to conceal the evidence of commission of the said offence and thereby attempted the evidence of the commission of that offence to disappear with the intention of screening the offenders from legal punishment.

(3.) IN the Court of Sessions, Greater Bombay, charge under section 302 r/w section 34 and under section 201 r/w section 34 of the INdian Penal Code was framed against accused No. 1 Ranglal @ Ganeshdas, accused No. 2 Gulabsingh Prabhu Rathod and accused No. 3 Harikisandas Keshavji Johanputra on 29th August, 1984. Another accused Nandkishore Rathod had already expired. All the three accused, when the charge was read over and explained to them, denied the same and claimed to be tried. Their defence was that of total denial.