DEEPTI ANIL DEVASTHALI Vs. STATE OF MAHARASTRA

JUDGEMENT

(1.) ACCUSED no. 1 Deepti Anil Devasthali (daughter of accused no. 2) and Accused no. 2 Leena Anil devasthali are convicted by the learned Ad Hoc sessions Judge, Pune by judgment and order dated 27th December, 2007 for committing the offence of abduction and murder of one Dr. Deepak Mahajan alongwith other offences. They are sentenced to death for the offences of abduction for ransom and murder. Hence this appeal against the conviction filed by both the accused and the reference for confirmation.

(2.) AS per the case of the prosecution accused no. 1 Deepti and Accused no. 2 Leena who are related as daughter and mother conspired to abduct Dr. Deepak Mahajan in order to demand ransom and commit his murder. Both the ladies started a detective agency by name Blue Bird Detective Agency having its office at Shaniwar Peth, Near omkareshwar Temple, Pune. On 11/6/2006 they gave an advertisement in newspaper Sakal that they wanted to employ young, healthy and clever men to work in their detective agency. In response to their advertisement, PW-3 Pravin dnyaneshwar Kamble, PW-2-Ashok Jagannath magar, PW-1 Ketan Pramod Kale and Court witness (CW1) Rahul Abhimanyu Bhosale amongst others have applied and were interviewed by Accused no. 1 and Accused no. 2. Accused no. 1 and Accused no. 2 did not disclose their identity and real names but they represented to be one Joshi Madam and Miss pradnya Kale. In furtherance of the conspiracy out of these four persons PW-2 Ashok jagannath Magar had accompanied Accused no. 1 Deepti to Yashwantrao Chavan Memorial hospital (in short Y. C. M. Hospital) and introduced himself as Yogendra Shirke to Dr. Deepak Mahajan. While visiting y. C. M. Hospital Accused no. 1 had changed her appearance with Wig, dentures, and spectacles, looking like a character in one Hindi Serial which was aired on the television earlier by name Jassi Jaisi Koi Nahi.

(3.) IN the year 2006 Dr. Deepak mahajan was working as the Head of orthopedic Department in Y. C. M. Hospital at pimpri, Pune. On 29/6/2006, Accused No. 1 wearing wig, spectacles and dentures had visited YCM Hospital and handed over one envelope to his colleague Dr. Ajay Bajirao sonawane with message that the said envelope was to be given to Dr. Deepak Mahajan. It was containing a letter from Omkar Charitable Trust requesting Dr. Deepak Mahajan to accept a post of Honorary Surgeon in the hospital proposed to be run by the said Trust on honorarium of rs. 15,000/- per month. On 30. 6. 2006 Dr. Deepak Mahajan was contacted in Y. C. M. Hospital by Accused No. 1 and PW-2 Ashok jagannath Magar and who introduced himself as Yogesh Shirke, the signatory of the said letter and they both again handed over copy of a similar letter to Dr. Mahajan. Dr. Mahajan sought time to think over the offer.