SUBHASH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) These three Criminal Appeals arise out of a common Judgment and Order dtd. 8/3/2016 passed by learned Additional Sessions Judge-3, Latur in Sessions Case No. 15/2012 thereby convicting Subhash Ganesh Gir for offence punishable under Ss. 302, 201 r/w 34 of the Indian Penal Code and acquitting co-accused Nandkishor Balreddy Kolyame (Koltame) and Subhash Virbhadrappa Kumbhar.

(2.) Appellant Subhash Ganesh Gir has filed Criminal Appeal No. 418 of 2016 taking exception to the impugned Judgment and Order referred to above, whereas; State has filed two appeals viz. Criminal Appeal No. 419 of 2016 for enhancement of sentence imposed upon Subhash Gir and Criminal Appeal No. 420 of 2016 challenging acquittal of Nandkishor Kolyame and Subhash Kumbhar of the offences as stated in the impugned judgment and order. FACTUAL MATRIX :-

(3.) Prosecution story, in nutshell, is that human sacrifice to appease the deities for unearthing hidden treasure was given by accused persons by committing murder of Vitthal Kamble and Surekha Gokule on 18/10/2011 and 23/10/2011, respectively. It is the case of prosecution that, after performing sorcery on the night of 18/10/2011, Vitthal was done to death by first beheading him and thereafter severing his both hands from the shoulder in the agricultural field bearing Gut No. 698 belonging to Namdeo Gambhire, situated in village Nanand. His torso was stuffed in a white sack and thrown in a well situated in the field bearing Gut No. 696 belonging to one Samadhan Panchal. Whereas; severed head and limbs were stuffed in a sack and dumped in a well situated in Gut No. 729 belonging to one Dagadu Sarwade.