RAJESH @ CHHOTU SHANTARAM RAUT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) APPELLANTS , who are original Accused Nos.1 and 2 at the trial, have preferred the present appeal seeking to impugn an order of conviction and sentence imposed upon them on 30th of December, 1991 by the Vth Additional Sessions Judge, Thane in Sessions Case Nos.293 of 1990 and Sessions Case No.323 of 1990. By the impugned order, the Appellants have been held guilty of offences punishable under Section 364 and 302 read with Section 34 of the Indian Penal Code. For the offence under section 364 read with Section 34 of the Indian Penal code they have been sentenced to suffer Rigorous Imprisonment for five years and to pay a fine of Rs.500/- each, in default they have been sentenced to suffer further Rigorous imprisonment for one year. For the offence under section 302 read with section 34 of the Indian Penal Code, both the Accused have been sentenced to suffer Imprisonment for Life. The sentence imposed on them under Section 364 read with Section 34 of the Indian Penal Code has been directed to run concurrently with the sentence passed under Section 302 read with Section 34 of the Indian Penal Code.

(2.) AT the trial, both accused, alongwith another, who has not been traced, were charged for having, on the 8th of December, 1989, at about 23.30 hours, near New Punjab Hotel, at Thane, abducted Ravindra Sakharam Karanjkar in order that he might be murdered, by forcibly putting him into an autoricksha and, thereafter, carried him near Anand Park which is located near Shrirang Society, Thane and having assaulted him with deadly weapons such as knives, thereby causing his death. The aforesaid accused were further charged for having caused evidence of the aforesaid offence to disappear with the intention of screening themselves from legal punishment, which is punishable under Section 201 read with Section 34 of the Indian Penal Code.

(3.) ON the fateful night i.e. on the 8th of December, 1989 at about 20.30 hours deceased Ravindra was sitting in a restaurant being New Punjab Hotel located near Teen Haat Naka. He was in the company of his friends P.W.1 Ajit Naik, P.W.2 Uttamkumar Sarkar and another friend by name Abhay. At that time, accused No.1 was sitting on another table in the same restaurant along with accused No.2 and another unknown person. At that time accused No.1 pointed out Ravindra to his two friends. Thereafter, Accused Nos.1 and 2 alongwith their unknown friend, went out of the restaurant and called Ravindra out side. The accused abused Ravindra. They, thereafter, forcibly carried Ravindra into an autorickshaw bearing Registration No.MCV 7700 owned by Accused No.1 and abducted him for the spot. Ajit Naik tried to follow the autorickshaw which was driven by Accused No.1. He, however, could not succeed as the autorickshaw sped away in the traffic. The autorickshaw was driven to Anand Park near Shrirang Society where the three persons took out Ravindra from the autorickshaw. The unknown person caught hold of Ravindra and accused Nos.1 and 2 stabbed him at several places whereby Ravindra fell down seriously injured. The assailants, thereafter, ran away from the spot.