RAVINDRA NAMDEO WADEKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard Advocate, Mr. Pendse and learned APP in the backdrop of order dated 4th April, 2019. On that date, time was given to State to explain the controversy regarding establishing identity of deceased.

(2.) The prosecution claims that, deceased, Sagar who had some previous enmity with the accused persons, was kidnapped by them on 9th July, 2012 and carried in Bolero vehicle. On 10th July, 2012 his body without any clothes was found. The body could not be identified and hence its photographs were taken. After cremation, when search was going on, Investigating Officer learnt that a person, by name Sagar from adjacent village in jurisdiction of other police Station had gone missing. Accordingly, photographs were shown to the relative of that person and identity was established. After enquiry, on 6th August, 2012, five accused persons were arrested. In investigation, concealed Bolero Jeep was recovered under Section 27 of the Evidence Act. Similarly, a stick was also recovered at the instance of accused no.1. Full-pant on person of deceased was recovered at the instance of accused no.4. One lady by name, Pansare examined as P.W.6 claimed that, she had seen the deceased being forcibly carried in jeep by accused persons.

(3.) The trial court, has on the basis of circumstantial material like last seen, motive and recovery under Section 27 of the Evidence Act, convicted present appellants and accused no.5.