RAVINDRA JHA Vs. STATELAWSUITDOWNLOAD

JUDGEMENT

(1.) In all these appeals instituted under Sec. 374 of the Code of Criminal Procedure, 1974 (Cr.P.C.), the appellants challenge the common Judgment and Order in Sessions Case No.50/2009 made by the learned Sessions Judge, North Goa, at Panaji, convicting the Appellants for the offences punishable under Sections 365, 302, 394 and 201 of the Indian Penal Code, read with Sec. 120-B of the Indian Penal Code (IPC) and sentencing them, inter alia, to undergo Life Imprisonment. The operative portion of the impugned Judgment and Order reads as follows:

(2.) Criminal Appeal No.2/2017 has been instituted by Ravi Jha (A.1); Criminal Appeal No.16/2017 is instituted by Srinivas Gauramkondu (A.2); Criminal Appeal no.72/2016 is instituted by Mohammad Ali (A.3) and Criminal Appeal No.1/2019 is instituted by Bijoy Kolita (A.4) in order to question the aforesaid common judgment and order. The learned Counsel for the parties agree that it is only appropriate that all these appeals are considered together and disposed of by a common Judgment and Order.

(3.) The case of the prosecution, as alleged in the Chargesheet, is that all the accused persons hatched a criminal conspiracy and in furtherance of the same, hired a Maruti Van of the deceased Sudan Dabhale (Sudan) from Mapusa Bus Stand on 17 July 2009, bearing registration No.GA-01-R-7954 under the pretext of transporting household goods/articles from Birlanagar to Mapusa and thereafter took the said Sudan, along with his Maruti Van to Cuelim, Cansaulim at an isolated spot to commit his murder, robbed his articles, together with the Maruti Van itself and then dumped said Sudan's dead body at an isolated spot in Cuelim, Cansaulim. It is also the case of the Prosecution that thereafter, the accused persons used the said Maruti Van for kidnapping one Aiyaz, son of Azgar Ali, by replacing the number place of the Maruti Van with a fake number plate.