JASWANTSINGH UDAYSINGH CHAVAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is directed against the judgment and order dtd. 27/9/2018 passed by the learned Additional Sessions Judge, Akola in Sessions Trial No. 35 of 2016. By the said judgment, the present appellant, original Accused No.3 - Jaswantsingh Udaysingh Chavan, has been convicted for the offences punishable under Sec. 302 read with Sec. 34 of the Indian Penal Code (for short, "IPC") and Sec. 120-B of the IPC. He has been sentenced to suffer imprisonment for life and to pay a fine of Rs.20,000.00, in default to suffer further rigorous imprisonment for one year for the offence under Sec. 302 read with Sec. 34 of the IPC. He has also been sentenced to suffer imprisonment for life and to pay fine of Rs.5,000.00, in default to suffer rigorous imprisonment for one year for the offence under Sec. 120-B of the IPC. Both sentences are directed to run concurrently.

(2.) The prosecution case, in brief, is that deceased Kishor Madanlal Khatri was engaged in property and real estate business and had business dealings with several builders in the city, including Accused No.2 - Ranjitsingh Chungde, resident of Rajputpura, Akola. A mall was under construction on land owned by Accused No.2 behind City Kotwali Police Station, Akola. The deceased had acted as a mediator in the disputes that had arisen among the builders involved in the said construction. An agreement had been entered into between him and the developers of Balaji Mall at Akola for facilitating sale of shops in the said mall.

(3.) On 3/11/2015 at about 12:00 noon, the deceased had been called to Balaji Mall, by Delhi-based traders Khushwaji and Vikratji. At about 1:00 p.m., the deceased, the said traders and Accused No.2 discussed the proposed date of inauguration of the mall. Thereafter, Accused No.2 went home and returned to the mall in a white Tata Safari vehicle bearing registration No. MH-30/P-3040. The deceased left the mall along with Accused No.2 in the said vehicle towards Somthana Shivar to see a field. It is further stated that when the deceased did not return, phone calls were made to him. Later in the afternoon, information was received that a dead body was found near Somthana. The body was identified as that of Kishor Khatri.