AMIR BHAIYA SAYED Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This group of three appeals takes exception to a judgment and order of conviction and consequential sentence, dtd. 18/1/2018, passed by the Court of Additional Sessions Judge, Beed in Sessions Case No.61/2016. The appellants herein were the accused in the said Sessions Case. They have been convicted and consequently sentenced for the offence of murder and causing disappearance of evidence thereof. The details of their conviction and consequential sentences is given in tabular form below : <IMG>JUDGEMENT_134_LAWS(BOM)4_2025_1.jpg</IMG> Along with the appellants, one more person (original accused No.4) was tried. He stood acquitted. Neither the State nor the victim preferred appeal against his acquittal.

(2.) The facts, in short, giving rise to the appeals are as under : Balasaheb Chavan (deceased) was a resident of Pimparkhed. He was agriculturist by profession. Besides agriculture, he was in the business of a husk and money lending as well. He did not hold licence for money lending. He had lent money to number of persons. Since his second daughter was of marriageable age, in the year 2016, he was in need of money. He, therefore, started asking the borrowers to pay back his money. The appellants were said to have been indebted to him. With a view to avoid repayment of loan amount, the appellants conspired to eliminate him. Deceased Balasaheb left the house in the afternoon on 10/1/2016. He informed his family members that he was going with Hanumant (Accused No.1, appellant in Criminal Appeal No.278/2019) to the place of his in-laws for purchase of husk. He also informed that, if there was late for him, he would stay overnight at the place of in-laws of Hanumant. Both Hanumant and deceased went to one Dhaba, "Ranmala". The appellants Ajit and Amir joined them there. Some of them did take wine and meal. Appellants Ajit and Amir went back and returned with four-wheeler of appellant Hanumant. In the meanwhile, both the deceased and appellant Hanumant went towards Karjat on the motorcycle of the deceased. On way, the four got together. Again they went to one hotel. Bought liquor bottle and consumed. Then all the appellants took Balasaheb to a secluded place. He was strangled with a seat belt of the car. He was assaulted with. The four-wheeler was run over his head. Then his dead body was taken and thrown by the side of Waki-Kanadi Road in the night. The police patil of the village noticed the dead body. A report to that effect was made to the Police Station Ashti.

(3.) The police officer visited to the spot. Inquest panchanama was drawn. The mortal remains of Balasaheb was subjected to autopsy. The medical officer opined the deceased died of strangulation and severe head injury with multiple injuries all over body.