(1.) THE confirmation case and all the above criminal appeals are being disposed of by common judgment, since they arise out of the Judgment and Order dated 8.6.2007, passed by the Principal District and Sessions Judge, South Goa, Margao in Sessions Case No. 15/2005, convicting the appellants for the offences punishable under Sections 365, 302, 201 read with Section 120B of Indian Penal Code ('IPC' for short) and sentencing them as below :
(2.) THE charge against the accused was that on 17/1/2005 at 6.15 hours, at Mangor Hill, Vasco, all the accused after hatching a criminal conspiracy, intentionally or knowingly caused murder of Dr. Shrikant Verenkar, aged 60 years and, thereby committed offence punishable under Section 302, IPC. Secondly, all the accused abducted Dr. Verenkar with intention of causing the said Dr. Verenkar to be secretly and wrongfully confined and thereby committed an offence punishable under Section 365 of IPC. Thirdly, all the accused knowingly or having reasons to believe that the offence, namely the offence under Section 302 of IPC has been committed, caused certain evidence, namely the dead body of said Dr. Verenkar to disappear and thereby committed an offence punishable under Section 201 of IPC. Fourthly, all the accused agreed with each other to do an illegal act, namely to murder the said Dr. Shrikant Verenkar and in pursuance of the said agreement, committed the offence of murder, punishable with death or imprisonment for life, punishable under Section 120B of IPC. PW.1 Pratham Gadagkar (original accused no.5), who was charged along with other four accused for the aforesaid offences, was granted pardon by the learned Sessions Judge and was examined as prosecution witness.
(3.) CONFESSIONAL statement of accused no. 5 was recorded by Special Judicial Magistrate on 2/2/2005, 3/2/2005, 4/2/2005,
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