AJAY DATTARAM SURVE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellants impugn the Judgment and Order passed by Learned Additional Sessions Judge, Ratnagiri in Sessions Case No. 10/2008 dated 20/6/2009 thereby convicting the accused No. 1 Ajay Dattaram Surve for the offence under section 302 of the Indian Penal Code and sentencing him to suffer imprisonment for life. The accused No. 1 is also convicted for offence punishable under section 392 of the Indian Penal Code and sentenced to suffer R.I. for 10 years and to pay fine in the sum of Rs. 1000/- I.d. to suffer R.I. for 8 months. The accused No. 1 is further convicted for the offence punishable under section 201 of the Indian Penal Code and sentenced to suffer R.I. for 2 years. The accused No. 1 is further convicted for the offence punishable under section 182 of the Indian Penal Code and sentenced to suffer R.I. for 6 months and to pay fine of Rs. 100/- I.d. to suffer R.I. for 15 days. The accused No. 3 Anant @ Anna Rama Tambe is convicted for the offence punishable under section 414 of the Indian Penal Code and sentenced to suffer R.I. for 2 years and to pay fine of Rs. 500/- I.d. to suffer R.I. for 6 months.

(2.) Case involves the death of one Nanikram Sukeja resident of Ulhasnagar. He was a partner of Konark Company, which is engaged in taking contracts of excavation of sands. He was also engaged in collection of octroi taxes. On 6th May, 2007 Nanikram had left Ulhasnagar to go to Chiplun. On the way, he had collected Rs. 3,25,000/- from the office of the company. His relatives Shankarlal Makhija and Girish Wagh wanted to go to Malkapur, which falls on the way to Chiplun and therefore, they had accompanied Nanikram. He was also carrying with him royalty books. On the same day, he reached Malakapur at about 7 p.m., dropped his companions, checked into a hotel and then after freshening left for Chiplun. He had also informed his companions that he would return to Malkapur within 2 to 4 days. They had travelled in a Tata Sumo Jeep, which was driven by the accused No. 1 Ajay.

(3.) In the night of 7th May, 2007 the accused No. 1 informed the police at Sakharpa out post, Devrukh that on the way from Malkapur to Chiplun at Amba Ghat, a Scorpio Jeep had accosted their vehicle (Tata Sumo). 5 to 6 persons alighted from the said jeep, had a conversation with Nanikram in Sindhi language and thereafter, they kidnapped him. He further informed that 2 persons from the said jeep had closed his mouth with handkerchief, after which he fell unconscious. He had regained consciousness in the morning of 7 th May, 2007. At that time, he was on the road near Oras. On 7 th May, 2007, P.W. 22 Girish Koyande of Deorukh Police Station received a telephonic information from an unknown person that on 6 th May, 2007 a crime has taken place in Amba Ghat. On 7 th May, 2007 P.W. 22 reached Sakharpa out post. The accused No. 1 Ajay Surve was brought to Sakharpa out post. Statement of accused No. 1 was recorded in the intervening night of 7th and 8th May, 2007 in which he disclosed above information. Hence, on 8th May, 2007 Crime No. 42 of 2007 was registered at Devrukh Police Station against unknown persons for offence punishable under section 302, 395, 397, 365, 328, 201 of the Indian Penal Code.