LAWS(BOM)-2013-4-65

BABUBHAI @ ZAVERCHAND HARJIVAN SHETH Vs. STATE OF MAHARASHTRA

Decided On April 12, 2013
Babubhai @ Zaverchand Harjivan Sheth Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) All these appeals arise out of the Judgment and order dated 13-06-2005 passed in Special Case No. 10 of 2001 tried before the learned III Additional Sessions Judge, Raigad at Alibaug. Eight accused (hereinafter referred to as A-1 to A-8) were facing trial upon the charges of Kidnapping, double murder and destroying evidence of the commission of double Murder as also offences of atrocities on members of Scheduled Caste.

(2.) Brief facts stated are as under:-

(3.) When Mr. and Mrs. Kamble did not return home, PW-1 their Son Amit Kamble after making inquiry, lodged a missing Complaint report at Goregaon Police station on 30-03-2001. The FIR was lodged on 31-03-2001 against Satish Shinde who had accompanied with the parents of PW-1. Investigation followed and the Accused were arrested as also alleged incriminating articles including remains of dead body were recovered at the instance of the accused. Since deceased Kambles belong to Scheduled Caste, the case was investigated and as lodged as special case no. 10 of 2001, tried in the Court of III Additional Sessions Judge at Raigad, Alibaug. After the accused had pleaded not guilty to the charges framed, 53 witnesses were examined in support of the Prosecution case. The accused nos. 1 and 4 were found guilty and convicted for the offence punishable under Section 120-B read with section 364 as also under Section 302 read further with Section 34 of the Indian Penal Code.