PIRYA PARMAN SWAMI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant (original accused 1) along with one Jaybalan Kanaiya Tevar (original accused 2) and three other absconding accused is alleged to have committed the offence of dacoity with murder punishable under section 396 of the Indian Penal Code ("i. P. C. " for short) and also the offence of possessing and using fire-arm without holding valid authorization punishable under section 3 read with section 25 and section 5 read with section 27 of the Arms Act. Since three of the accused were absconding the appellant was tried with Jaybalan Tevar, A-2 for the above offences in the Court of 2nd Ad hoc Addl. Sessions Judge, Pune in Sessions Case No. 312 of 2000. By his judgment and order dated 29-9-2005 the learned Sessions Judge acquitted the appellant of the offence punishable under section 396 of the Indian Penal Code and also of the offences punishable under section 3 read with section 25 and section 5 read with section 27 of the Arms Act. He, however, convicted him of the offence punishable under section 302 read with section 34 of the Indian Penal code and sentenced him to suffer imprisonment for life and to pay a fine of rs. 500/-, in default to suffer R. I. for one month. He also convicted him of the offence punishable under section 392 read with section 34 of the Indian Penal code and sentenced him to suffer R. I. for one year and to pay a fine of Rs. 500/-, in default to suffer R. I. for one month. The substantive sentences were ordered to run concurrently. A-2 Jaybalan Tevar was acquitted of all the offences. Being aggrieved by this judgment and order the appellant has preferred this appeal.

(2.) Shortly stated the prosecution story is that PW 3 Jayachandran Solai nadar had engaged deceased Zunjar Lala Bhise as his driver and deceased hanumant Shelar as his cleaner, on his Tempo MH-12/6000. PW 3 Jayachandran is doing his business at Saki Naka, Mumbai. He deals in eggs. A-1 was working with him as driver about three years prior to the incident in question. As A-l was involved in thefts Jayachandran had removed him from service in 1998.

(3.) On 21-1-2000 Jayachandran had sent his Tempo for making purchase of eggs. Deceased Zunjar Lala was the driver and deceased Hanumant Shelar was the cleaner. A sum of Rs. 1,40,000/- was given by Jayachandran to the driver for making payment for purchase of eggs. It appears that on the way A-l along with three other persons had asked for lift from Zunjar Lala at Airoli Toll Naka. On the way according to the prosecution A-l and others murdered Zunjar Lala Bhise and Hanumant Shelar. They dumped their bodies near Raviraj Industries in dange chowk at village Takavade. The accused ran away with the sum of Rs. 1,40,000/- which was given by Jayachandran to the driver and the cleaner.