STATE OF MAHARASHTRA Vs. AJAY ALIAS RAMESHWAR RAGHURAM

JUDGEMENT

(1.) The above Confirmation Case and Criminal Appeals are being disposed of by common Judgment since they all relate to the Judgment and Order dated 30th September, 2004 passed by the Additional Sessions Judge, Akola in Sessions Trial No. 22/2002.

(2.) Criminal Appeal No. 738 of 2004 has been preferred by accused no. 1 Ajay @ Rameshwar Raghuram @ Sheshrao Galat Dhabekar; Criminal Appeal No. 686 of 2004 has been preferred by accused no. 2 Subhash Ramkrishna Zope; Criminal Appeal No. 698 of 2004 has been preferred by accused no. 3 Subhash Harnarayanji Laddha, Criminal Appeal No. 682 of 2004 has been preferred by accused no. 4 Suresh s/o Mohanlal Maheshwari. The original accused no. 5 Bajirao alias Rawalsingh Saju Rathod who has been convicted for the offence under section 465 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for two years has not preferred any appeal.

(3.) Briefly, the case of the prosecution is as follows: on 18th September, 2000 Kausalyabai Yadav Navkar filed report with Civil Lines Police Station, Akola stating that her husband Yadav Navkar had left the house on 3rd September, 2000 at about 9 O'clock and he had stated he will return within half an hour but he had not returned. The missing report was registered and search was carried out for Yadav Navkar but he was not traced. Meanwhile, Kausalyabai received a letter in the name of her daughter Geeta purported to have been addressed by Yadav Navkar informing her that he had gone to village Pandhari near Shegaon and then he had left for Shirdi. Since Yadav Navkar was still not traceable search was being carried out. Thereafter, Kausalyabai received information that the land owned by her husband bearing Survey No. 45 of village Umri, Taluka Akola was sold by one Ajay Galat (accused no. 1) under the garb of general power of attorney executed by Yadav Navkar in his favour to accused nos. 2 to 4 and that the said power of attorney was executed by Yadav Navkar in favour of the accused no. 1 on 30. 6. 2000. She also learnt that the saledeed in respect of the said land was executed on 8. 8. 2000 for consideration of Rs. 9 lacs. However, since Yadav Navkar along with his family members had gone to pilgrimage and had returned to Akola on 1. 7. 2000 in the morning it was impossible for Yadav Navkar to execute the power of attorney on 30th June, 2000. Moreover, earlier there was an agreement of sale executed between the deceased and accused nos. 2 to 4 in respect of the very same property under which Yadav Navkar had received an amount of Rs. 75,000/ -. The said agreement which was executed on 16th May, 2000 was later on cancelled and hence there was no possibility of Yadav Navkar selling the same land to accused nos. 2 to 4. On 14th October, 2000 Kausalyabai lodged a report stating all the above referred facts. She also stated in the said report that accused no. 1 Ajay Galat had been to her house on 3rd September, 2000 and her husband had gone with him and then her husband had not returned. She suspected the role of accused no. 1 in commission of murder of her husband. Thereafter, police again started searching accused no. 1 who was absconding. On 22nd October, 2000, Civil Lines Police Station, Akola received information from Police Station, Bhaisdehi in the State of Madhya Pradesh that a dead body was found within the limits of the said Police Station. On the next day i. e. on 23rd October, 2000 the Police from Akola along with Kausalyabai and Dnyaneshwar, the brother of Yadav Navkar went to Bhaisdehi Police Station. At the Police Station, P. S. I. Herold Jonson showed them the photographs of the dead body, spectacles worn by the said person and the clothes on the person as well as one chappal. Both Kausalyabai and Dnyaneshwar identified the clothes, spectacle and the chappal as that of Yadav Navkar. They also identified the photographs as that of Yadav Navkar. The Akola Police procured all the case papers in connection with the accidental death case from Bhaisdehi Police Station. On the same day i. e. on 23rd October, 2000 one Sunil Shamgar Manmote surrendered before the Police Station at Akola and informed that Yadav Navkar was murdered by Ajay Galat (accused no. 1 ) . He further stated that he was with Ajay Galat at that time. He showed willingness to show the places where Yadav Navkar was taken as well as the place where Yadav Navkar was murdered by accused no. 1. The Police with two panchas started from the Police Station. According to Sunil Manmote, on the fateful day Ajay Galat had been to him with his motor cycle and he was dropped at Tower Chowk, Akola and was asked by Ajay Galat to wait there. Thereafter, within about 15 minutes he came with Maruti Car and Yadav Navkar was found sitting on the rear seat of the car. They had a cup of tea at Tower Chowk and they proceeded towards Railway Station, Akola where they had break fast at Gujrat Sweet Mart. Accused no. 1 then asked Yadav Navkar and Sunil Manmothe to accompany him in the car to Akot as some amount was due from one Suresh Deshmukh. Ajay Galat as well as Sunil Manmote consented and they proceeded towards Akot. Near Ashram of Narsing Maharaj at Akot, the accused no. 1 stopped the car and asked both of them to wait there and he proceeded to the city. He returned after about half an hour and informed that Suresh Deshmukh had gone to Paratwada. Thereafter, they proceeded to Paratwada but Suresh Deshmukh was not found there. Accused no. 1 then asked them to accompany him to Hoshangabad. He stated that he had contacted accused no. 2 and accused no. 2 had informed him that someone from Hoshangabad was to pay him an amount of Rs. 1 lac and accused no. 2 had asked Ajay to go there and bring the amount. Sunil declined to accompany accused no. 1. However, both accused no. 1 as well as Yadav Navkar insisted that he should accompany them to Hoshangabad. Accused no. 1 assured to pay Rs. 500/- to Sunil and Yadav Navkar stated that if accused no. 1 failed to pay the amount he would pay the same. Sunil consented and they proceeded towards Hoshangabad. On the way they had lunch. When they reached Itarsi accused no. 1 asked Yadav Navkar to inform his family members at Akola that he would return on the next day. The accused no. 1 asked Yadav Navakr not to state his name as the person accompanying him. He also suggested to Yadav Navkar to inform his family members that he had been to Pandhari and therefrom he would proceed to Shegaon. Accordingly, Yadav Navkar telephoned his neighbour Laxmanrao Athawale as no telephone connection was available at his residence and informed the facts accordingly. Thereafter, all three of them proceeded to Hausangabad. Near the check post the car was stopped and accused no. 1 alone went to the city and returned after some time and informed Sunil and Yadav Navkar that the person is going to hand over the demand draft within one hour. Thereafter they proceeded towards Narmada river and spent some time. Thereafter they went to earlier spot. Accused no. 1 again went to the city, returned and informed both of them that the person will come on the following day with the amount. Thereafter, petrol was filled in the car from Faujdar Petrol Pump. Thereafter, three bottles of Coca- cola were purchased and were kept in the car. Accused no. 1 opened one of the bottles and added some powder from the capsule in the coca-cola and again sealed it with his teeth and started further journey. By that time, it was already dark. The accused no. 1 after crossing some distance stated that there was some problem with the rear wheel of the car and, therefore, it was necessary to change the tyre. He stopped the car and asked Yadav Navkar to unscrew the wheel with the spanner. He further stated that he would use the jack and then would go for easing. Yadav Navkar got down from the car holding the spanner in his hand. He sat at the rear driver's side for unscrewing the rear wheel. Accused no. 1 then took out the jack and rushed to the rear side and hit Yadav Navkar with the jack on his head. Yadav Navkar shouted as. Aare Bapre. But accused no. 1 continued hitting him with the jack. Accused no. 1 was holding empty bottle of Coca-cola in his left hand. He gave one blow of the said empty bottle on the face of Yadav Navkar. Yadav fell down. Upon hearing shouts of Yadav Navkar, Sunil Manmote came out from the car and saw that accused no. 1 was giving blows with the jack on the head of Yadav Navkar. He got frightened and started shivering. Therefore, he again went to his seat. Soon thereafter accused no. 1 asked Sunil to come out of the car to hold hands of Yadav Navkar. Both of them dragged the body of Yadav Navkar to the road side. Accused no. 1 then tightened the screw of the wheel of the car. Thereafter, he proceeded with Sunil Manmote who suddenly changed his mind and turned the car towards Hoshangabad to have petrol. Then he again returned to the spot and stopped the car. Accused no. 1 went under the car and sucked the petrol from the petrol tank of the car in one recgzine bag and spirinkled the petrol on the body of Yadav Navkar. Then he set the body of Yadav Navkar on fire. Sunil was surprised to see Yadav Navkar getting up when he was set ablaze. Soon Yadav Navkar collapsed. Thereafter, both of them proceeded to return to Akola. Since Sunil Manmote was shivering on account of fear, accused no. 1 offered him liquor and asked him not to disclose this fact to any one else. On the way, there was a hilly track where he got down from the car and threw the jack. Both of them returned to Akola at about 4. 00 a. m. and went to their respective homes. Thereafter, in the morning accused no. 1 again went to Sunil and asked him to come out from the house. They again came to the Tower Chowk. Accused no. 1 asked Sunil to write a letter and also sent telegram in the name of wife of deceased Yadav Navkar by going to Shirdi. He was asked to give telephone call from Shirdi. Both of them came to bus Stand where accused no. 1 gave some amount to Sunil and from the bus Stand Sunil went to Aurangabad. Sunil reached Aurangabad in the evening on 4th September, 2000. Before leaving for Aurangabad Sunil got written from accused no. 1 the recitals to be written in the letter which was to be sent from Shirdi. After reaching Aurangabad, Sunil went to Siddharth Garden. He got the post card written in the name of Kausalyabai from one of the boys who were playing in the garden and dropped it at Aurangabad. Then he went to the S. T. D. Booth in front of the said garden and telephoned at the residence of Laxmanrao Athawale to inform at the residence of Yadav Navkar that Yadav Navkar was at Shirdi and he was proceeding towards Pashupatinath and would return after a month. On the next day evening he started from Aurangabad and reached Akola in the night. Sunil showed all the places to Police who seized print outs of the S. T. D. calls made from Itarsi as well as Aurangabad. In the course of investigation several statements were recorded by the Police. Accused no. 1 was arrested on 2nd November, 2000 and pursuant to the disclosure made by him, jack was recovered from the spot where it was thrown by the accused no. 1. The letter received by Kausalyabai in the name of her daughter Geeta was also seized. The draft of recitals which was entrusted by accused no. 1 to Sunil was also seized.