RAJU SOMKARAN SALIAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THROUGH this appeal, the appellants challenge the Judgment and order dated 27th April, 1995 passed by the Additional Sessions Judge, Greater Bombay, in Sessions Case no. 246 of 1994, convicting and sentencing them in the manner stated hereinafter :- (i)Under section 302 read with 34 of IPC to undergo RI for life imprisonment; and (ii)Under section 201 read with 34 of IPC to undergo one year R. I. and to pay a fine of Rs. 1000/- in default to suffer further R. I. for a period of two years. The substantive sentences of the appellants were ordered to run concurrently. We may mention that along with the appellants, two others namely Mohan Namu Poojari and Anand Jayram Kotian were also tried and prosecuted but, they have been acquitted vide the impugned Judgment and the State of Maharashtra has not challenged the acquittal by preferring an appeal under section 378 (1) of Cr. P. C.

(2.) IN short, the prosecution case runs as under :- The informant Mukundrao Sangani PW 2 had his tailoring shop at 17-A, Kawasji Patel Street, Bhaubali Bldg. , Fort, Bombay - 400 001. Exactly opposite his tailoring shop was Savala Chamers, wherein on the landing between the 4th and 5th floor was the tailoring shop of appellant Raju. At the said shop, Mahesh Ganpati Hegde PW 1 alongwith appellant Nagesh used to work. Mahesh Ganpati Hegde used to eat and stay with appellant Raju on the 5th floor. According to the prosecution, the deceased Vijay Gurav had given some loan to the appellant Raju and the latter had not repaid it. On account of this, there was an enmical strain between Raju and Vijay. On 15th November, 1983, at about 2 . 20 p. m. Vijay Gurav came to Raju's shop. At that time, Mahesh Hegde and Nagesh were also present. Vijay asked Raju as to when he would return the money. Raju replied that he would do so by next Saturday. Appellant Nagesh who was present there enquired from Raju as to why Vijay had given him money. Thereupon, Vijay told Nagesh to mind his own business. At that time, appellant Shridhar also joined Raju and Nagesh. Raju, Nagesh and Shridhar started kicking and inflicting fist blows on Vijay as a result whereof, he dashed against a part of staircase and sustained an injury on his head. Thereafter, the appellants inflicted more blows on Vijay who fell down as a result of their impact in the staircase leading towards the 5th floor. Thereafter, Raju picked up an iron wire which was in his shop and tied the wrists and neck of Vijay with the same. Pursuant to that, the three appellants started dragging Vijay. At that point of time, the acquitted accused Mohan and Anand reached and joined the appellants. The appellants, accused Anand and Mohan dragging and pushing Vijay took him on the 5th floor. Evidence of Mahesh Ganpati Hegde PW 1 is that he was not able to see the manner in which Vijay Gurav was assaulted on the 5th floor. After murdering Vijay Gurav, the appellants put his body in a trunk and latch of the trunk was fastened by them with pieces of cloth. The said trunk was put inside a bathroom which was located on the 5th floor. The bathroom was locked thereafter. IN the meantime, a commotion was created in the building that Vijay Gurav had been killed by Raju and others but, as is the normal experience, no one was prepared to inform the police. 2a. At about 5 . 45 p. m. Mukundrai Sangani PW 2 returned to his tailoring shop where one Vithal Kharas told him that the appellant Raju had killed a person on the 4th floor at Savala building and had hidden the corpse. Mukandrai Sangani being a social worker of the area, telephoned the Paltan Road police station ( Now M. R. A. Marg police station ) On the phone, he talked to S. I. Vishnu More PW 10 and P. I. Swamy and informed them about what he had heard. The said persons reached him without any loss of time in a jeep. Thereafter, with them Mukandrai Sangani proceeded to 4th and 5th floor of Savala building. His evidence shows that he knew the appellant Raju from before. He took Raju into confidence and told him that if he would disclose about the incident, he would not be tortured. He asked him about the same. Raju told him that he, Nagesh Shridhar, Anand and Mohan had murdered Vijay; had concealed the dead body in a trunk; and had locked the trunk in the bathroom. Raju took out a key from the pocket of his pant, opened the lock of the bathroom and thereafter, when the trunk was opened, the corpse of Vijay Gurav, the deceased, was found in the same. The said corpse was identified by Anant Manjrekar PW 8, the brother-in-law of Vijay Gurav, to be that of Vijay Gurav. On further interrogation, Raju took out the wire with which the wrists and neck of Vijay Gurav had been tied and thereafter, the latter had been done to death.

(3.) IT is significant to point out that the appellants Raju and Shridhar were also sent for medical examination and were examined by Dr. Shinde PW 7.On the person of Raju, the doctor found the following injuries :- " (1)Healed abrasion on right elbow 1. 0 cm x 0. 8 cm red colour scab. (2)Healed abrasion on the left elbow 1. 1 cm x 1 cm red colour scab. (3)Healed abrasion on the left shoulder back 1. 4 cm x 1. 0 cm red coloured scab. (4)Linear contusion on the right palm hypothenar aspect near wrist joint, oblique, blue coloured 2 cm x 0. 5 cm tenderness present. " Age of these injuries was within 48 hours, and the history given by him was that during the quarrel on 15th November, 1993, with Vijay Gurav, he had sustained these injuries. On the person of Shridhar, the Doctor found one abrasion on right shoulder 1. 5 cm x 2.0 cm tenderness present. In the history given by Shridhar, he stated that " While shifting late Gurav, he got injury on right side back due to rubbing against the door.