PRAJAKTA SHYAM SHELAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Accused no.1 is appellant in Criminal Appeal No.125 of 2013 while accused no.2 has filed Criminal Appeal No.124 of 2013. These appeals are directed against the judgment and order dated 21/12/2012 delivered by 2 nd Additional Sessions Judge, Thane in Sessions Case No. 59 of 2011. Accused no.1 was at the time of commission of offence aged about 21 years while accused no. 2 was aged about 20 years.

(2.) They have been sentenced to life imprisonment for committing offence punishable under section 302, 201 and 379 read with 34 of IPC for killing deceased Nilesh with the help of a string on 23/10/2010. His body was then put into a suitcase which was then abandoned with an intention to cause the evidence to disappear and to screen themselves. A golden chain on his person is also claimed to have been stolen. Thus both the accused persons are convicted under section 302, 201, 379 IPC read with 34 IPC.

(3.) The incident occurred on 23/10/2010 at about 4.00 hrs in the afternoon and police got the knowledge on 24/10/2010 when in the morning report of an abandoned bag was received by them. The bag was in front of Pimpaleshwar Mahadev temple and information was given by some unknown person. PW-1 Sunil (the informant) also learnt about it when the police reached the spot & he also went there. As per his version at about 10 pm on 23/10/2010, he ie Sunil Patil was coming in his Auto rickshaw and was proceeding to his house. He reached Katai Pipeline, Kalyan Sheel Road when two persons stopped him. One bag was kept on the ground and they were standing by its side. They told him that they were going to Shirdi and to carry them till the place where his auto rickshaw was going. Accordingly he dropped them at Pimpaleshwar Mahadev temple. These two persons told the watchman of the temple to keep an eye on that bag and they would come back after taking dinner. They again sat in his auto rickshaw and told him to drop them at the place where they could have food. He left them at Chinese hotel situated near Shani temple which was found closed. They paid him Rs.100/- and asked him to go.