STATE OF MAHARASHTRA Vs. RAMESH VISHWANATH DARANDALE

JUDGEMENT

(1.) The appellants in the above Appeals were found guilty of offence punishable under Section 302 read with Section 120B of the Indian Penal Code and were sentenced to death. The Learned Sessions Judge, Nashik, thus submitted the proceedings to this Court under Section 366 of the Criminal Procedure Code, for confirmation of death sentence. Besides, appellants were also found guilty of offence punishable under Section 201 read with Section 120B of the Indian Penal Code and each were sentenced to suffer rigorous imprisonment for seven years and fine of Rs.10,000/- , in default to suffer rigorous imprisonment for three years each. Both the sentence were ordered to run concurrently. The fine amount, if recovered has been directed to be paid to the legal representatives of each deceased at the rate of Rs.20,000/- each, as compensation. However, the appellants were acquitted of the offence punishable under Section 135 of the Bombay Police Act. Accused no.7-Ashok Rohidas Falke has been acquitted of all the offences. The District Services Legal Authority, Nashik has been directed to make an enquiry and pay compensation under Victim Compensation Scheme envisaged under Section 357(a) of the Criminal Procedure Code ("Cr.P.C." for short) in addition to the compensation awarded under Section 357(5) of the Cr.P.C. It is against this conviction and sentence, these appeals are preferred.

(2.) Pending Appeals, accused no.5-Popat Darandale died on 23rd June, 2018 and thus the Appeal abates against him.

(3.) We shall advert to the exposition of facts of the case as projected by the prosecution : Sandeep Thanwar, Rahul Kandare and Sachin Gharu, (all three victims deceased) were working as sweepers at Trimurti Prathisthan College, Tal. Nevasa, Dist. Ahmednagar. Sachin who belongs to scheduled caste, fell in love with Ms. Seema Popat Darandale, who belongs to Maratha caste (upper class). Seema is the daughter of accused no.5-Popat @ Raghunath Darandale. She was pursuing B.Ed course in the Trimurti College. When family members learnt about Seema's alleged love affair with Sachin Gharu (deceased), Ramesh Vishwanath Darandale (accused no.1), Prakash Vishwanath Darandale (accused no.2) both paternal uncles of Seema, Sandeep Mahadev Kurhe (accused no.3 and relative of Seema), Ashok Navgire (accused no.4), Popat @ Raghunath Vishwanath Darandale (accused no.5 and father of Seema), Ganesh @ Ramesh Popat Darandale, (accused no.6 and brother of Seema) and one Ashok Falke (accused no.7) hatched the conspiracy to eliminate Sachin Sohanlal Gharu. It is prosecutions narrative that on 1st January, 2013, accused, on the pretext of repairing/cleaning septic tank secured presence of Sandeep Thanwar, Sachin Gharu and Rahul Kandare at the farmhouse of Popat Darandale, father of Seema, (accused no.5) at Darandale Vasti, Ganeshwadi, Sonai, Taluka-Nevasa, District - Ahmednagar. At the instance of accused, all deceased victims reached at Darandale Vasti in afternoon of 1 st January, 2013 at around 1 p.m. to clean the septic tanks. Darandale Vasti is a isloated place, where, farm house of Darandale family is situated. Abutting farmhouse, there were toilet blocks. That since Sandeep Thanwar, did not return home till late evening, his brother Kapil Thanwar, contacted accused no.3-Kurhe, who told him that Sandeep Thanwar, and his two friends left Darandale Vasti in the afternoon; however, at 8.30 p.m., he was informed that dead-body of Sandeep was found lying in the septic tank of toilet block. Popat, accused no.5 reported accidental, death of Sandeep to the police. A case of Accidental Death was registered by the Police. On 2nd January, 2013, on the disclosure of, accused nos.1 and 2, dead-bodies of Sachin Gharu and Rahul Kandare were found, buried in the water less well in Darandale Vasti. Upper limbs and lower limbs of Sachin were discovered at the instance of accused no.2. Body of Sachin was found beheaded, and as such, offence under Section 302 of the Indian Penal Code, 1860 came to be registered on 2nd January, 2013 at Sonai Police Station.