DEORAJ DEJU SUVAMA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) SINCE Confirmation Case No. 3 of 1993 and the bunch of the aforesaid three appeals arise out of the same set of facts we propose disposing them off by a common judgment. The five appellants in the three connected criminal appeals, namely (1) Maria John Dyanprakash nadar, (2) Raju alias Rajendra Vijayan Pille Nair, (3) Guru Nadar Keshav Naikar, (4) Rajendra mohan Kalmadi and (5) Devraj Deju Suvarna were convicted by the Additional Sessions Judge, greater Bombay, in Sessions Case No. 587 of 1991, under the below enumerated counts: a) 143 I. P. C. b) 147 I. P. C. BOMBAY HIGH COURT 486 Page 3 of 17 c) 148 I. P. C. d) 302/ 149 I. P. C. in the alternative under section 302 read with section 34 of I. P. C. for murdering Pramod Manual Kakde, and e) 302/ 149 I. P. C. or in the alternative under section 302 read with 34 I. P. C. for murdering Anil Namdeo Shirsat. As they were sentenced to death on both the counts under section 302 read with 34 I. P. C. the learned trial Judge did not award them a separate sentence on the remaining counts.

(2.) FEELING aggrieved by the aforesaid convictions and sentences, the five appellants have preferred the three connected criminal appeals. Clubbed with these three appeals is Confirmation Case No. 3 of 1993 which is the reference by the Additional Sessions Judge for configuration of the death sentence awarded to the appellants.

(3.) AT the very outset, we cannot restrain expressing our indignation at the trial Judge for two things which he has done: firstly, after convicting all five appellants and there being a charge under section 302 read with section 149 of the Indian Penal Code, he has chosen to convict them under section 302 read with section 34 I. P. C. This, in our opinion is shocking. Secondly, after finding the accused guilty, in utter disregard of the provisions contained in section 235 of the Criminal Procedure Code, the learned Trial Judge has chosen first to award capital punishment to the appellants and then, a farce of hearing them on the quantum of sentence has been done. The matters in consideration before us, arise out of two gruesome murders namely, of Pramod manual Kakde alias Balu and Anil Namdeo Shirsat which were committed at about 2. 30 A. M. on 25th March, 1991 at the culvert of Kamraj Nagar Hutments, Eastern Express Highway, Ghatkopar (East) Police Station Pant Nagar, District Bombay.