AVINASH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Vide both above referred appeals, life convicts, i.e. original accused nos. 1, 2 and 4, for offence punishable under Ss. 302, 201 and 364 r/w 34 of the Indian Penal Code [ IPC ], are hereby assailing the judgment and order dtd. 8/7/2016 passed by the Additional Sessions Judge, Biloli in Sessions Case No. 02 of 2015.

(2.) Accused No.1 Avinash [Ankulwar] owed amount of Rs.7,28,534.00 towards deceased Satyawan. A week prior to deceased going missing, deceased had purchased a house and therefore, was in dire need of funds and so he demanded dues from accused no.1 Ankulwar. Getting annoyed by repeated demand and to avoid repayment, it is the case of prosecution that, on 7/10/2014, when deceased had been to drop his child to school, he was abducted by all accused, taken from Narsi to Bichkunda via Nizamabad in a Tata Vista car bearing registration no. MH-26-AF-1944 and at Bichkunda, they all strangulated him and thereafter dumped his motorcycle in a well and further threw the dead body in the vicinity of Shantapur Shivar. Subsequently, to cause disappearance of evidence, they poured petrol on the dead body of Satyawan and set the body on fire.

(3.) On 8/10/2014, as deceased had not returned, he was initially searched with near and dear ones, but he was not found. Therefore missing was lodged by brother PW1, namely, Santosh. During inquiry of missing, wife of deceased informed about financial transaction between accused no.1 Ankulwar and her husband and therefore, accused no.1 was summoned for inquiry. Initially accused no.1 gave evasive answers but on in-depth inquiry, on 12/10/2014, he gave confessional statement regarding committing murder of Satyawan. Consequently PW1 Santosh set law into motion.