Mahesh Dhanaji Shinde Vs State of Maharashtra

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REPORTABLE

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NOs. 1210-1213 OF 2012

MAHESH DHANAJI SHINDE ... APPELLANT (S)

VERSUS

STATE OF MAHARASHTRA ... RESPONDENT (S)

With CRIMINAL APPEAL NOs. 2089-2091 OF 2012 CRIMINAL APPEAL NOs. 1238-1239 OF 2012 CRIMINAL APPEAL NOs. 1240-1241 OF 2012

J U D G M E N T

RANJAN GOGOI, J.

1. The appellants, Santosh Manohar Chavan, Amit Ashok

Shinde, Yogesh Madhukar Chavan and Mahesh Dhanaji

Shinde who were tried as accused Nos. 1, 2, 3 and 6

(hereinafter referred to as A-1, A-2, A-3 and A-6) in Sessions

Case Nos. 3/2005, 4/2005 and 5/2005 have assailed the

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impugned common judgment and order of the High Court of

Bombay dated 17.10.2011 whereby their conviction in

Sessions Case Nos. 3/2005 and 5/2005, inter alia, under

Section 302/120B of the IPC and for offences under the Arms

Act have been upheld by the High Court. The death penalty

imposed on the appellants by the learned Trial Judge has

been confirmed by the High Court by the order under appeal

apart from the punishment imposed under different Sections

of the Penal Code as well as the Arms Act. Insofar as

Sessions Case No. 4/2005 is concerned, the learned Trial

Judge had acquitted accused 1, 2 and 3 of the offence under

Section 302/120B IPC. In the appeal by the State, the High

Court has reversed the acquittal and convicted the aforesaid

three accused of the aforesaid offence and has sentenced

them to undergo RI for life. The accused No. 6, i.e.,

appellant Mahesh Dhanaji Shinde is not an accused in

Sessions Case No. 4/2005. It is the common order of the

High Court rendered in the aforesaid cases convicting and

sentencing the accused-appellants, as aforementioned,

which has been challenged in the present appeals. It may

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also be mentioned at the outset that in all the cases the

accused-appellants have been exonerated of the charge

under Section 364A of the IPC by the order under appeal.

2. The case of the prosecution in short is that on

20.12.2003 the Superintendent of Police, Sindhudurg

received anonymous letters and phone calls to the effect

that some unidentified dead bodies were lying dumped on

the hillocks of village Nandos, Taluk Malvan, District

Sindhudurg. A search operation was organised on the very

day i.e. 20.12.2003 in the course of which 7 dead bodies

were recovered. Two more dead bodies were recovered on

the next day i.e. 21.12.2003 and one dead body was

recovered on 29.12.2003. Alongwith the dead bodies,

articles like clothes, trouser hooks, broken brief case etc.

alongwith two blood stained diaries were also recovered.

Though all the dead bodies were sent for post-mortem

examination the high level of decomposition rendered any

post-autopsy opinion impossible. The dead bodies were

therefore sent to Medical College, Miraj and a team of

doctors was constituted who performed forensic chemical

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tests on the dead bodies. Some of the organs from the dead

bodies were sent to the Centre for DNA Fingerprinting and

Diagnostics, Hyderabad (CDFD) for DNA test and the skulls

sent to the Forensic Laboratory, Kalina, Bombay for super-

imposition tests.

3. In the two diaries recovered by the police from the spot

some names and addresses were found. It is from these

persons that the names and particulars of the persons to

whom the diaries belonged could be ascertained. Having

traced the initial identity of some of the deceased in the

above manner, enquiries from such friends and relatives

revealed the names and identities of other persons who were

in the company of the deceased persons. Information

lodged in different police stations with regard to missing

persons around the relevant time were collected and co-

related. The opinion of handwriting experts were obtained

which showed that the diaries belonged to one Dada Saheb

Chavan and Kerubhai Mali. Blood samples of the relatives

were sent to the CDFD, Hyderabad for DNA test. Some of

the dead bodies were also identified by the relatives and

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friends of the deceased on the basis of articles recovered

from the spot which were seized in the course of the

investigation. The investigation which proceeded on the

aforesaid lines, prima facie indicated the involvement of the

accused-appellants. Accordingly, accused Santosh Manohar

Chavan (A-1) was arrested on 22.12.2003 and from the

information obtained during the course of his interrogation,

accused Nos. 2 to 7 were arrested. The disclosures made by

the accused led to recovery of gold articles, bank passbooks

etc. from the house of A-7 as well as incriminating weapons

like iron rods, cut bars of guns, one muzzle loader gun etc.

Test Identification Parade was held where A-1, A-2 and A-3

were identified by witnesses. The assets acquired by the

aforesaid persons around that time including motor bikes, a

Tata Sumo jeep etc. were seized alongwith bank statements

of the accused, their wives and relatives. The bank

statements revealed that cash deposits well beyond the

income of the accused were made around the time of the

incidents. The accounts also showed purchase of Tata Sumo

by A-1 at a cost of Rs. 2.6 lakhs on 24.08.2003 and purchase

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of motorcycles by A-2 and A-3 on 20.11.2003 and

25.11.2003 respectively.

4. According to the prosecution, investigation further

disclosed that A-1 Santosh Manohar Chavan who plied an

auto rickshaw in Mumbai claimed super natural powers to

bring about “money showers” i.e. to multiply cash money.

According to the prosecution while A-2 was a LIC agent, A-3

was employed in a private institution and A-6 was running a

ration shop. All the aforesaid accused used to spread and

circulate amongst innocent and unsuspecting persons the

magical powers claimed by A1 to multiply money by creating

“money showers”. They would ask the victims to come to

Malvan with currency notes of higher denominations

alongwith empty gunny sacks (ostensibly to collect the

proceeds of the money shower). In Malvan they were put up

in lodges and hotels. From those lodges and hotels the

victims would be ferried to the Nandos plateau by auto

rickshaw. The vehicle will halt near the village Panchayat

Office from where the victims were asked to travel by foot to

the plateau. The prosecution alleged that the accused

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ensured that the victims did not bring their own vehicles to

Malvan and that they did not leave any personal effects in

the hotel or lodge. All this was done to avoid any trace of

the victims. The registers of lodges and hotels where the

deceased persons and some of the accused had, according

to the prosecution, stayed on different dates during the

relevant period were also seized in the course of

investigation.

5. According to the prosecution, the investigations carried

out had also revealed that one Shankar Sarage and one

Hemant Thakre were done to death by the accused persons

on 24.9.2003. Dead bodies number 1 and 10 (DB-1 and DB-

10) were claimed to be of the aforesaid two persons who,

according to the prosecution, were killed on 24.9.2003. The

accused were charged of the offence of kidnapping and

murder of the aforesaid two persons and were put to trial in

the proceeding registered as Sessions Case No. 4/2005. On

the basis of the report of the forensic team of the Miraj

Medical College the prosecution alleged that the aforesaid

two persons were killed by gun shots, swords, rods and

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revolver and that they have been robbed of a sum of Rs.

1,55,000/-. While the Trial Court acquitted the accused A-1,

A-2 and A-3 on the ground that the dead bodies DB-1 and

DB-10 could not be identified to be that of deceased Shankar

Sarage and Hemant Thakre, the High Court reversed the said

finding insofar as deceased Shankar Sarage is concerned

and held accused 1, 2 and 3 to be guilty of murder of

Shankar Sarage. They have been accordingly sentenced to

undergo RI for life.

6. The prosecution had further alleged that the second

incident involved four persons i.e. Vijaysinha Dude,

Dadasaheb Chavan, Sanjay Garware and Vinayak Pisal and

that the same had occurred on 30.10.2003. It is the further

case of the prosecution that Dead Bodies i.e. DB-2, DB-3,

DB-4 and DB-5 were that of the four deceased persons

mentioned above who were killed and robbed of Rs.

3,10,000/-. Such identification was claimed on the basis of

super-imposition tests carried out at the Forensic Laboratory,

Kalina, Bombay. Sessions Case No. 5/2005 was registered in

respect of the said incident wherein the accused A-1, A-2, A-

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3 and A-6 were tried and convicted under Section 302/120B

IPC and other provisions of the Code as well as under

different provisions of the Arms Act. They have been

awarded the death sentence by the learned Trial Court which

has been confirmed by the High Court by the order under

challenge in the present appeals.

7. The prosecution has further alleged that the third

incident occurred on 14.11.2003 and involved four persons

of a family who were identified to be Kerubhai Mali, Anita

Mali, Sanjay Mali and Rajesh Mali. On the basis of the report

of DNA analysis, the prosecution alleged that dead bodies

DB-8, DB-7, DB-6 and DB-9, respectively, belonged to the

aforesaid persons in seriatim and that they had been killed

and robbed of Rs. 3,10,000/-. Sessions Case No. 3/2005 was

registered against accused A-1, A-2, A-3 and A-6 in respect

of the incident in question. All the four accused persons

have been convicted by the learned Trial Court inter alia

under Section 302/120B IPC and other provisions of the Code

as well as different provisions of the Arms Act and have been

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sentenced, inter alia, to death. The conviction and sentence

has been maintained by the High Court.

8. Though separate chargesheets in respect of the three

incidents of alleged murder on the three different dates were

filed in Court and separate sessions cases were registered

wherein separate charges had been framed against the

accused persons, evidence in all the cases was led in the

trial of Sessions Case No. 3/2005.

9. 128 witnesses including 38 panch witnesses; 22

persons acquainted with the accused and the victims; 9

relatives of the victims; 13 medical officers; 5 witnesses

connected with the mobile phone calls made by the accused;

29 police witnesses; two executive magistrates; 5 bank

officers and 5 DNA experts, super-imposition experts,

handwriting experts and ballistic experts were examined by

the prosecution. The accused persons denied their

involvement in any of the offences alleged against them but

did not adduce any evidence.

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10. A broad overview of the core evidence brought by the

prosecution to bring home the charges against the accused

may now be made.

On the basis of the report of the Forensic Expert

Committee (Exhibit 419) proved by PW-76, Dr. Anil Jinturkar,

the prosecution has tried to prove that the death of all the

10 deceased (DB-1 to DB-10) was homicidal in nature. The

findings of the forensic tests, as deposed to by PW-76, may

be set out below:-

• DB 1 was of a human male aged between 25 to 45 years. Time of death was 6 months prior to examination. Probable cause of death was opined as single hole firearm injury to the thorosic region, although the exit wound was not found. Other injuries to the mandible and verterbrae were caused by a hard, blunt object. Although the appearance of these injuries were similar to those caused by iron bars, PW-76 could not affirm that iron bars alone caused the injuries due to the non- availability of brain matter. Analysis of brain and brain matter would reflect the impact of blows from an iron bar, in the absence of which, PW-76 could not rule out the possibility of the injuries due to fall.

• DB 2 was of human male aged between 25 to 45 years and the person died 6 months before the examination. He stated that all injuries expect the gnawing marks were ante mortem & the probable cause of death was the head injuries resulting into the fracture of the skull & these injuries could have been caused by a sharp cutting object.

• DB 3 was of human male aged between 25 to 45 years and the person died 6 months before the examination. He stated that all injuries were found ante mortem & the probable cause of death was fire arm injury to chest & fracture of skull leading to head injury. Two injuries of circular holes on

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posterior parts were caused by fire arm & rest of the injuries by hard & blunt object.

• DB 4 was of human male aged between 25 to 45 years and the person died 6 months before the examination. He stated that all injuries expect the gnawing marks were found ante mortem & the probable cause of death was the head injury due to fracture of the skull bone with blunt thorosic trauma associated with multiple ante mortem fracture. It was stated that all ante mortem injuries could be caused by hard & blunt object.

• DB 5 was of human male aged between 25 to 45 years and the person died 6 months before the examination. He stated that all injuries could have been caused by hard & blunt object & the cause of death was head injury due to fracture of skull bone with blunt thorosic trauma associated with multiple ante mortem fracture.

• DB 6 was of human male aged between 12 to 18 years and the person died 6 months before the examination. An ante mortem injury of linear fracture over the left aspect of frontal bone was found & two post mortem injuries of broken styloid processes (points of attachment for muscles) & gnawing marks at left & right hands were found. The cause of death was stated to be head injury as a result of linear fracture of bone of left side.

• DB 7 was of human female aged between 25 to 45 years & could have died 6 months before the examination. All the injuries found were ante mortem & the probable cause of death was fire arm injuries to abdomen and pelvis with evidence of multiple fracture of skull leading to head injury.

• DB 8 was of human male aged between 25 to 45 years & could have died 6 months before the examination. All injuries of fracture of right frontal bone were found ante mortem caused probably by a hard & blunt object & some gnawing injuries were found post-mortem. The probable cause of death was stated to be head injury resulting into fracture of vault & anterior cranial fossa at the base of the skull.

• DB 9 was of human male aged between 18 to 20 years & could have died 6 months before the examination. All injuries were found ante mortem & were caused by hard & blunt object. The cause of injury was stated to be head injury resulting into depressed communicated fracture of skull bone.

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• DB 10 was of human male aged between 25 to 45 years & could have died 6 months before the examination. He opined that like DB 1 and 3, DB 10 had also suffered fire arm injuries, but he could not opine as to what type of fire arm was used in as much as it was a shot gun or rifle, but at the same time it was noticed that no exit wound was found on the skeleton.

11. The prosecution has laid evidence to show that blood

samples of the relatives of some of the deceased persons

were collected as per prescribed guidelines and alongwith

some parts of the organs of the deceased were sent to the

CDFD at Hyderabad for DNA analysis. The report of Dr. S.

Pandurang Prasad, Senior Technical Examiner in the

laboratory (PW-107) to the effect that dead bodies 1, 2, 6, 7,

8 and 9 were found to be that of deceased Shankar Sarage,

Vijaysinha Dudhe, Sanjay Mali, Anita Mali, Kerubha Mali and

Rajesh Mali was brought on record by the prosecution. In so

far as DB-2 to 5 are concerned, the identity thereof could not

be established by DNA analysis as the specimens sent were

found not to be fit for a conclusive determination of the

question. However, the skulls of the DB-2 to 5 were sent for

superimposition tests which were carried out by PW-108,

Ratna Prabha Gujarati. The aforesaid witness had testified

that the probability of her finding being correct is almost

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99% and the reliability of the superimposition test technique

is 91%. PW-108 had testified, on the basis of

superimposition tests, that DB-2 to 5 were of deceased,

Vijaysinha Dudhe, Dadasaheb Chavan, Sanjay Gavare, and

Bala Pisal respectively.

12. The prosecution has sought to establish the identity of

the dead bodies, additionally, on the basis of oral evidence.

In this regard, PW-66, Mohan Doke, brother of deceased

Anita Mali, (DB-7) had identified the mobile phones, pieces of

saree, hair clips, brief case, wrist watch, gold rings, earrings

along with mangal sutra belonging to members of the Mali

family which were either recovered from the spot/place of

occurrence or from other persons who had come into

possession of the same through the accused. In respect of

DB-2 to 5, the identification of the personal effects of the

deceased were made by close relations. Specifically, PW-97,

Pradip Pisal, brother of deceased Vinayak Pisal (DB-5) had

identified the clothes worn by the deceased whereas PW-98,

Vinayak Dinkar Chavan, brother of deceased Dadasaheb

Chavan (DB-3) had identified the clothes and chappals worn

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by the deceased as well as the diary belonging to him.

Similarly, PW-80, Smt. Jyoti Gavare, wife of deceased Sanjay

Gavare (DB-4) identified the clothes recovered from the

dead body as well as the rubber ring of the deceased worn

by him around the waist. Similarly, DB-2 was identified by

PW-63-Fatehsingh Dudhe to be the dead body of Vijaysinha

Dudhe on the basis of the gaps in the central teeth of the

dead body and the personal effects of the deceased like

clothes, shoes, wrist watch etc. Similarly, the DB-1 was

identified to be the dead body of Shankar Sarage by PW-119

Parvati Shankar, the widow of the deceased. Such

identification was made on the basis of the clothes that the

deceased was wearing at the time he had left his home.

13. On the basis of the above evidence brought by the

prosecution there can be no manner of doubt, whatsoever,

that the death of all the deceased persons except Hemant

Thakre (DB-10 - whose dead body could not be identified)

was homicidal and that DB-1 to 9 were of the deceased,

(excluding Hemant Thakre) as claimed by the prosecution.

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14. The evidence of the relevant witnesses examined by

the prosecution in all the three cases to establish a possible

link and show a live nexus between the crime(s) committed

and the persons responsible therefor may now be taken note

of.

(a) PW- 1, Ashok Nemalekar used to ply his auto-rickshaw

in Malvan. He has deposed that on 14.11.2003 he

ferried five passengers from Mayur Lodge to the Village

Panchayat Office at about 11.00-11.30 am. On the basis

of the photographs shown to him by the investigating

team he had identified four members of the Mali family

i.e. Sanjay Mali (DB-6), Anita Mali (DB-7), Kerubhai Mali

(DB-8), Rajesh Mali (DB-9) and the accused No.2 Amit

Ashok Shinde as his passengers.

(b) PW-4 Smita is the wife of A-7. She had testified that A-

1 had lived in her house since his childhood until he

moved to Mumbai to ply auto-rickshaw. Though he

would visit her only once in a year during Ganpati

Festival (usually held in the calendar month of August).

A-1 had visited her in May, 2003 and stayed with her for

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15 days. Thereafter, again in September, 2003 A-1, A-2

and A-3 stayed at her home for 10 days. According to

PW-4 during this visit she could notice that the three

accused would go to the plateau (Nandos) ostensibly

for hunting though they never returned with any prey.

This witness had further deposed that A-1 and A-3

unexpectedly arrived at her house on 24.9.2003 at

about 1.30 a.m. and when A-7 (husband of PW-4) had

asked them why they had come at such an odd hour A-

1 replied that they had some urgent work. According to

PW-4 at about 9.30 a.m. in the morning, A-1’s mobile

phone started ringing and A-3 answered the same by

saying “Bol Amit” (Amit speak). Thereafter within half

an hour A-1 and A-3 left for Katta in the Tata Sumo jeep

by which they had come. According to PW-4, her

daughter Deepika had informed her that she had seen

A-3, lurking around her school, which is near the

Nandos Village Panchayat. A-3, on being asked what he

was doing in the vicinity of the school had informed

Deepika that she must have seen somebody else as he

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had not gone near the school. PW-4 further deposed

that A-3 left her house at about 6.00 p.m. on 24.9.2003

followed by A-1 (around 7.00-7.15 pm) and they had

returned at about 9.00 -9.30 p.m. thoroughly

drenched though it was not raining. PW-4 had

further testified that the accused had asked her

to wash their clothes which she refused to do at night.

PW-4 in her deposition had further stated that on

22.10.2003, A-1, his second wife Sonali, A-3 and a

friend of A-1, one Jeetu, visited her and stayed for two

days. On both the dates A-1 and A-3 had visited Katta.

According to this witness about 5 to 6 days thereafter

and two days after Diwali day of Bhaubeej A-1, Sonali,

A-3 and A-6 came to her house where they were joined

by A-2. Next day, she saw A-1, A-2, A-3 and A-6

bathing near the well and in the rear side of her house.

She has further testified that A-6 was suffering from a

cut injury on his index finger for which he had to be

taken to a doctor who had put a bandage on the injured

index finger.

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PW-4 has further testified that on 12.11.2003 A-

1, A-3, A-6 and Sonali had come to her house.

On the next day the accused persons left her

house in the morning for Katta and returned in

the

evening. On 14.11.2003 A-1, A-3, A-6 left her house at

about 10.00-10.30 A.M. and returned around 3.00 P.M.

with A2. Before entering the house they had bathed

near the well. Thereafter the accused left her house on

different dates.

(c) PW-5 Sachin, who is the younger brother of A-1 had

testified that he had transported some of the victims in

his auto-rickshaw at the request of A-1. His testimony

was, however, rejected by the learned Trial Court on

the ground that the same appeared to be incredible.

(d) PW-8 Vinod Deorukhkar is an employee of Mayur Lodge,

Malvan. He had testified that on 14.11.2003, at about

7.00-7.30 am, one man, aged about 40-45 years, one

woman, aged about 30-35 years, two boys, aged

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between 8 to 10 years, and one man, aged about 28-30

years, reached Mayur Lodge. They were allotted room

no.6. When they were asked their names, the man

aged 28-30 years came forward and introduced

himself as Anil Jadhav; thus, the entry “Anil Jadhav

and family” was made in the register. They left their

room at 9.00 am that day for a walk and returned at

11.00 am. Shortly thereafter, they informed that they

would be leaving the hotel. At that time, PW-8 noticed

that the man, aged about 45 years, was carrying a

medium sized, grey suitcase/briefcase. He identified

Karubhai Mali’s briefcase as the one carried by the

man, before the Court. PW-8 also identified A2 as the

man who disclosed his name as Anil Jadhav. He

identified the Mali family from photographs shown to

him in Court.

(e) PW-9 Appa is the Manager of Pallavi Lodge at

Kankavli. The lodge register which was exhibited

(Exh.-89) showed that on 29.10.2003 five persons

including one Amit Shenoy occupied room No. 5 of the

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lodge. This witness recognized A-2 as the person

who called himself as Amit Shenoy. This witness

identified the other four persons from the

photographs shown to him and deposed that they

had left the room on the next day i.e. 30.10.2003 at

about 9.00 a.m. The persons identified by him from the

photographs are the deceased Vijaysinh Dudhe (DB-2),

Dadasaheb Chavan (DB-3), Sanjay Gavare (DB-4) and

Bala Pisal (DB-5).

(f) PW-10 Yogesh Dhake had testified that deceased

Dadasaheb Chavan, whose diary was found by the

police, and Vijaysinh Dudhe (DB-3 and DB-2) had

insisted on their being given a sum of Rs. 3,00,000/-

promising that they would return Rs. 6,00,000/-.

According to this witness on 28.10.2003 he gave a sum

of Rs. 3,10,000/- (which he had collected from another

customer for investment purpose) to the aforesaid two

persons and one Sanjay Gavare (DB-4) who was also

known to him. This witness has also testified that he

was introduced to Vinayak Pisal (DB-5) and Accused

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No. 2. All the aforesaid persons told him that they

would leave for Kankavli at 11.30 p.m. According

to this witness on the next day deceased

Dadasaheb Chavan called to inform him that they had

reached Pallavi Lodge and that he could be reached on

a different mobile number which turned out to be that

of A-2.

(g) PW-12 – Dipak Kumar who was working as a Booking

Clerk of Sarvottam Tours and Travels had deposed that

A-2 whom he knew by name had booked 5 tickets for

the journey on 13.11.2003 from Borovili to Malwan and

that at Varshi one male person, one female and two

children along with A-2 had boarded the bus.

(h) PW-14- Jagan Patil, was a friend of Bala @ Vinayak

Pisal (DB-5). PW-14’s evidence shows how, under the

guise of “money shower” he was duped Rs 3 lakhs. He

had gone with another sum of Rs.3 lakhs for ‘money

shower’ for the second time but he was sent back

by the accused. This was due to the fact that he

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had gone to Nandos in a private vehicle instead

of using public transport as advised by the accused.

(i) PW-15 Amit Patel is the son of the owner of the Konkan

Plaza Hotel at Kankavli. He testified that he used to

maintain the hotel register. The hotel register which

was exhibited (Exh-120) indicated that deceased

Shankar Sarage (DB-1) and Hemant Thakre (DB-10) and

one Samir Sonavane had arrived at the lodge on

25.09.2003 (1.00 A.M.) and stayed in room No. 5. The

evidence of PW-104 Dipak Wagle (handwriting expert)

is to the effect that the handwriting in the register was

in the hand of A-2. (From the above it is evident that A-

2 had used a fake name i.e. Samir Sonavane to sign the

register)

(j) PW-17 Subhash Chalke testified that he had

given Rs. 1,55,000/- to his friend deceased Shankar

Sarage (DB-1) on 22.09.2003 for the purpose of

money shower. He also testified that he had

met A-1, A-2 and A-3 in the presence of deceased

Shankar Sarage a couple of days before the money was

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handed over to the deceased. He further stated that

after he had handed over the money, the deceased had

contacted A-1 from a PCO and informed him that the

money had been arranged. Further PW-17 had stated

that on 23.09.2003 he received a phone call from the

deceased that he along with deceased Hemant Thakre

(DB-10) and A-1 & A-3 were proceeding to Malwan.

(k) PW-22 Anil Kisan Garate, a gold smith, testified that on

21.11.2003 a gold ring was sold to him by A-6 claiming

the same to be of his grandmother. The said ring has

been identified by PW-66, Mohan Dhoke, brother of

deceased Anita Mali, to be belonging to his sister.

(l) PW-18 – Aijaz had deposed as to how he had been

cheated by A-1 of Rs.1,20,000/- on two different

occasions (Rs.60,000/- on each occasion) by promise of

money shower.

(m) PW-30 Dr. Rajendra Rane had testified that on

30.10.2003 he treated A-6 for a cut injury on the right

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index finger. (knife was recovered at the instance of A-

6)

(n) PW-34 Satish is elder brother of A-7 and another uncle

of A-1. He has deposed with regard to purchase of Tata

Sumo vehicle by A-1 in the name of A-2 and payment of

Rs.10,000/- on 24.8.2003 and thereafter payment of

Rs.85,000/- in connection with the aforesaid. This

witness has also deposed with regard to the

nervousness and apprehension shown by A-1 after the

dead bodies were recovered.

(o) PW-47 Chetan Bhagwan Rawoot, a classmate of A-6,

testified that on 6.12.2003 A-6 had handed over a Rado

watch to him for safe keeping claiming that it belonged

to one of his customers who had not paid his dues. PW-

66 (brother of deceased Anita Mali) had identified the

said watch as belonging to deceased Kerubhai Mali.

(p) PW-49 Hariram Patil had testified that he had agreed to

sell his shop in Eksar, Borivali to the father of A-6, one

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Dhanaji Shinde. According to PW-49 he had received

part payments in cash on 15.6.2003 and 25.8.2003 and

on 1.12.2003 he had received a cheque for Rs. 50,000/-

drawn on Maratha Cooperative Bank from A-6. On

30.12.2003, the police accompanied by A-6, arrived at

his shop and he handed over Rs.50,000/- cash, which A-

6 had paid to him earlier.

(q) PW-65 Vimal was engaged in the business of sale and

purchase of second-hand vehicles. He had deposed

regarding the sale of a Tata Sumo vehicle to A-1, in the

name of A-2 and receipt of Rs.95,000/- in cash from A-1

in two instalments.

(r) PW-70 – Harjeet Singh Kochar, used to run a garage

and also used to deal with sale and purchase of

second-hand two wheelers. This witness has

deposed that on 20.11.2003, A-2 and A-3 (he

had identified them) had visited his garage for

purchase of second-hand motor bikes. PW-70 has also

deposed that while on 22.11.2003 he sold one

motorcycle to A-2 who paid to him Rs.17,500/-, on

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25.11.2003 A-2 and A-3 visited his garage again and A-

3 purchased another motorcycle for Rs.20,500/-. Both

these amounts were paid to him by the accused in

cash.

(s) PW-75 Santosh Yadav is another relative of A-1. This

witness has corroborated the evidence of PW-4 with

regard to the visit of A-1 to A-3 to the house of PW-4 on

5 occasions between October and December, 2003 and

that A-6 had accompanied the other accused persons

on 2 or 3 occasions. He had also testified that he had

seen the accused bringing guns and swords to the

house of PW-4 who was aware that the accused persons

were in possession of fire arms and other weapons.

(t) PW-76 Dr. Jinturkar was the head of the team of

Forensic Experts of Miraj Medical College, Mumbai

constituted for forensic examination of the

remains of the deceased persons. This witness had

testified that DB-1 to DB-7 were received in the Medical

College, Miraj on 23.12.2003 and DB-8 and DB-9 on

26.12.2003 and DB-10 on 5.1.2004. (The findings of

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the committee proved by this witness have already

been extracted above.)

(u) PW-107 Dr. S. Pandurang Prasad was, at the relevant

time, working as a Senior Technical Examiner in the

laboratory of DNA and Finger Printing Services, CDFD,

Hyderabad. This witness has testified that upon the

workable bone and blood samples, he found that DB-1

was the biological relative of Mr. D.B. Sarge, D-8 was

biological father of DB-6 & DB-7 was biological mother

of DB-6. DB-6 & DB-9 were also found biologically

related. DB-7 was found biological relative of Ratnakar

& Mohan Tukaram Doke. DB-8 was found biological

son of Mrs. Yamunabhai Nanaji Mali and biological

father of DB-9. DB-2 was found biological son

of Mr. Vinayak Anandrao Dudhe, aged 80 years and

biological relative of Mr. Ranjitsing Vinayak aged 40

years.

(v) PW-100, Babaji s/o Bhaskarrao Pavade, Branch Manager

of Mahanagar Cooperative Bank, Turbhe Branch, New

Mumbai, PW-109, Anand Vishnu Banodkar, Officer

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attached to Bank of Maharashtra, Dahisar Branch, PW-

110-Vijaykumar Sangodkar, Branch Manager, State

Bank of India, Dahisar Branch, PW-111, Krishna

Dattaram Parab, Branch Manager of the Greater

Bombay Cooperative Bank, Borivali Branch and PW-112,

Vidhyadhar Rawool, Branch Manager of Maratha

Sahakari Bank Ltd., Borivali Branch have proved the

deposit of several cash amounts in the bank accounts

of the accused, their wives or their immediate relatives.

All such deposits were made in and around the relevant

time.

15. Ms. Aparna Jha, learned counsel has very elaborately

argued the case of the appellants contending that in the

absence of any direct evidence the prosecution not only has

to prove that circumstances incriminating to the accused

had been laid before the Court but further that the sum total

of such evidence unerringly points to the commission of the

alleged offence by the accused leaving no room for any

other view. Learned counsel has taken us through the

relevant parts of the evidence of the material witnesses to

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contend that the same are not free from doubt and

ambiguity and are tainted on account of embellishments and

improvements. No circumstance that implicates the

accused-appellants, much less a chain of circumstances

which admits of no other possibility except the guilt of the

accused, has been established by the prosecution, in the

present case, contends the learned counsel. In particular,

learned counsel has pointed out that the identity of the dead

bodies recovered will always remain in doubt in view of the

extreme decomposition of the dead bodies when recovered.

It is urged that DNA matching and super-imposition tests

cannot lead to firm and conclusive results, beyond all

reasonable doubt, as regards the identity of dead bodies.

That apart, learned counsel has pointed out that some of the

registers of the lodges and hotels where the victims were

allegedly put up by the accused contain over-writings,

additions and deletions which would make the same highly

unreliable and unsafe in order to arrive at any conclusion

with regard to the involvement of the accused.

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16. Shri Sushil Karanjakar, learned State counsel, in reply,

has submitted that in a case of the present nature where

events had occurred as a result of a meticulous planning

made by the accused persons, absence of any eye witness

or direct evidence is, but, natural. Learned State counsel

has however pointed out that the prosecution has

systematically laid before the Court one

adverse/incriminating circumstance after the other, the

cumulative effect of which satisfies the test which

circumstantial evidence has to pass through before

acceptance by the Court. According to learned counsel, in

the present case, not only highly incriminating and material

circumstances have been established beyond doubt by the

prosecution, the cumulative effect of such circumstances

points to only one conclusion i.e. that the accused and no

one else who had committed the crime alleged. In this

regard learned State counsel has drawn the attention of the

Court to paragraph 96 of the judgment of the High Court

wherein the circumstances held to be proved and

established by the prosecution has been set out in seriatim.

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17. We may now proceed to analyse the substratum of the

evidence adduced by the prosecution as noted above. As

already held, the homicidal nature of death of the concerned

persons and their identities (except DB-10 Hemant Thakre)

has been conclusively established by the prosecution. In so

far as the alleged involvement of the accused in the crimes

alleged against them is concerned, the evidence and other

materials on record makes it clear that A-1, A-2, A-3 and A-6

were known to each other and they were residing in Mumbai.

It was deliberately circulated and spread by the accused that

A-1 was gifted with super-natural powers of causing money

showers i.e. multiplying money. The evidence on record also

establishes that the accused had been persuading people,

including the victims, to arrange for cash money and bring

the same to them at Malvan or Kankavli so that the same

can be multiplied. Accordingly, the victims, including the

deceased persons, after obtaining cash money from different

sources, had come to Malvan or Kankavli and they were put

up in different lodges/hotels by the accused. The

prosecution had also established that while staying in the

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hotels/lodges the victims and the accused did not use their

real names. Specifically, the prosecution evidence shows

that A-2 arranged for conveyance and stay of the victims

whereas A-3 had assisted A-2 in shifting the victims from the

lodges to the place where the crimes were committed. The

evidence adduced also shows that the victims had left in the

mornings of the days of incident for the Nandos plateau

alongwith some of the accused. A-1 was the money

spinner and A-6 was in the company of the other accused

with full knowledge of what was going on and with active

participation therein. The victims were missing for days and

their relatives had lodged complaints in different police

stations. From the place of occurrence articles like wearing

apparels, brief case, diaries etc. were recovered which have

been proved to be belonging to some of the deceased

persons whereas articles like wrist watch, jewellery items

etc. also belonging to the deceased had been recovered

from persons who were in such possession through the

accused. All such articles have been identified by the close

relatives of the deceased to be belonging to the respective

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deceased person(s). Around the time of the incidents, the

accused persons had made unaccounted cash deposits in

their Bank accounts or in the accounts of their close relatives

and A-1, A-2 and A-3 had purchased

automobiles/motorcycles on cash payment. The sources of

such receipts have not been explained. The above

conclusions which we have thought proper to draw on a

consideration of the evidence of the prosecution appears to

be more or less in conformity with what has been found by

the High Court to have been proved by the prosecution (para

96 of the impugned judgment). In the light of the above

facts, we do not entertain any doubt, whatsoever, that in

the present case the prosecution has succeeded in proving a

series of highly incriminating circumstances involving the

accused all of which, if pieced together, can point only to

one direction, namely, that it is the accused-appellants and

nobody else who had committed the crimes in question.

We, therefore, have no hesitation in affirming the impugned

common judgment and order of the High Court holding the

accused A-1, A-2, A-3 and A-6 in Sessions Case No. 3/2005

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and 5/2005 guilty of commission of the offences alleged

including the offence under Section 302 IPC read with

Section 120-B IPC. We also agree with the finding of the

High Court that the accused A-1, A-2 and A-3 in Sessions

Case No. 4/2005 are guilty of commission of the offence

under Section 302 IPC read with Section 120-B IPC, insofar

as the death of Shankar Sarage (DB-1) is concerned.

18. Having held that the accused-appellants are liable to be

convicted for the offences, inter alia, under Section

302/120B IPC, the next question, and perhaps a question of

equal if not greater significance, that would require

consideration is the measure of punishment that would be

just, adequate and complete. It has already been noted that

in two of the cases the accused-appellants have been

awarded death penalty whereas in the third case the

sentence of life imprisonment has been imposed in reversal

of the verdict of acquittal rendered by the learned Trial

Court.

19. Shri Colin Gonsalves, who has argued the case on

behalf of the appellants in so far as sentence is concerned,

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has submitted that all the accused persons are young and at

the time of commission of the offence they were between

23-29 years of age. None of the accused-appellants have

any previous criminal record; they have spent 10 years in jail

custody and the jail record amply demonstrates that while in

custody they have been educating themselves and have

passed or have partly completed the graduate course under

the Yashahantrao Chavan Maharashtra Open University. The

accused-appellants have reformed themselves and, if

rehabilitated in society, they can prove to be assets to

Society, it is submitted. The prospects of their committing

any further crime, according to the learned counsel, is

remote. It has also been submitted by Shri Colin Gonsalves

that the accused come from the lowest strata of society and

had committed the crime due to poverty. All these,

according to the learned counsel, are mitigating

circumstances which if balanced against the incriminating

circumstances of the case would tilt the scales in favour of

commutation of the sentences of death into that of life

imprisonment. Stressing the principle laid down in Bachan

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Singh Vs. State of Punjab1, Shri Colin Gonsalves has

submitted that the legislative policy under Section 354(3)

Cr.PC is that life imprisonment is the rule and death

sentence is an exception. It is submitted by Shri Gonsalves

that in the present case the option of life imprisonment does

not stand “unquestionably foreclosed” so as to justify the

death penalty imposed. Reliance has been placed on the

decision in Santosh Kumar Satishbhushan Bariyar Vs.

State of Maharashtra2 to contend that the circumstances

set out above are all mitigating circumstances that ought to

be taken into account at the time of consideration of the

sentence to be imposed. Particular stress has been laid on

the observations in para 159 of the report that emphasis

that must be laid on the possibility of reform and

rehabilitation of the accused even to the extent of requiring

the State to prove that the same would not be possible. Shri

Gonsalves has also drawn attention of this Court to the

decision of this Court in Mulla & Anr. Vs. State of Uttar

Pradesh3 (authored by the learned Chief Justice). In

1 (1980) 2 SCC 684 2 (2009) 6 SCC 498 3 (2010) 3 SCC 508

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particular, the observations in para 81 of the report has been

placed to show that the state of poverty of the accused is a

mitigating circumstance that should be taken into account

and that the initial shock of the circumstances in which the

crime is committed needs to be balanced with the possibility

of reform of the accused over a period of time. We were also

reminded that the long period of custody that a death

convict has endured has been held to be a mitigating

circumstance in Ramesh & Ors. Vs. State of Rajasthan4

(Para 76). The decision of this Court in Shankar Kisanrao

Khade Vs. State of Maharashtra5 (para 52) has been

relied upon to contend that “to award the death sentence,

the “crime test” has to be fully satisfied, that is, 100% and

“criminal test” 0%, that is, no mitigating circumstance

favouring the accused. If there is any circumstance

favouring the accused, like lack of intention to commit the

crime, possibility of reformation, young age of the accused,

not a menace to the society, no previous track record, etc.

the “criminal test” may favour the accused to avoid the

capital punishment ………”. 4 (2011) 3 SCC 685 5 (2013) 5 SCC 546

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20. On the other hand, learned counsel appearing for the

State has submitted that the accused-appellants have

committed not one but a series of heinous, depraved and

diabolical crimes resulting in the death of innocent and

unsuspecting victims. The crimes have been committed to

satisfy the greed for money. The criminal acts committed by

the accused are the result of a carefully planned and

meticulously executed conspiracy. Societal needs would

justify the upholding of the sentence of death awarded in the

present case to the accused-appellants. The cry for justice

by the families of the victims cannot fall on deaf ears, it is

contended.

21. Death penalty jurisprudence in India has been widely

debated and differently perceived. To us, the essential

principles in this sphere of jurisprudence has been laid down

by two Constitution Benches of this Court in Jagmohan

Singh Vs. The State of U.P.6 which dealt with the law after

deletion of Section 367(5) of the old Code but prior to the

enactment of Section 354(3) of the present Code and the

decision in Bachan Singh (supra). Subsequent opinions on 6 (1973) 1 SCC 20

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the subject indicate attempts to elaborate the principles of

law laid down in the aforesaid two decisions and to discern

an objective basis to guide sentencing decisions so as to

ensure that the same do not become judge centric.

22. The impossibility of laying down standards to

administer the sentencing law in India was noted in

Jagmohan Singh (supra) in the following terms:

“The impossibility of laying down standards is at the very core of the criminal law as administered in India which invests the judge with a very wide discretion in the manner of fixing the degree of punishment. … The exercise of judicial discretion on well-recognized principles is, in the final analysis, the safest possible safeguards for the accused.” (Para 26)

23. Bachan Singh (supra) contained a reiteration of the

aforesaid principle which is to be found in para 197 of the

report. The same was made in the context of the need,

expressed in the opinion of the Constitution Bench, to

balance the aggravating and mitigating circumstances in any

given case, an illustrative reference of which circumstances

are to be found in the report. Bachan Singh (supra), it may

be noted, saw a shift; from balancing the aggravating and

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mitigating circumstances of the crime as laid down in

Jagmohan Singh (supra) to consideration of all relevant

circumstances relating to the crime as well as the criminal.

The expanse of the death penalty jurisprudence was clearly

but firmly laid down in Bachan Singh (supra) which can be

summarized by culling out the following which appear to be

the core principles emerging therefrom.

(1) Life imprisonment is the rule and death penalty is the exception. (para 209)

(2) Death sentence must be imposed only in the gravest cases of extreme culpability, namely, in the “rarest of rare” where the alternative option of life imprisonment is “unquestionably foreclosed”. (para 209)

(3) The sentence is a matter of judicial discretion to be exercised by giving due consideration to the circumstances of the crime as well as the offender. (para 197)

24. A reference to several other pronouncements made by

this Court at different points of time with regard to what

could be considered as mitigating and aggravating

circumstances and how they are to be reconciled has

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already been detailed hereinabove. All that would be

necessary to say is that the Constitution Bench in Bachan

Singh (supra) had sounded a note of caution against

treating the aggravating and mitigating circumstances in

separate water-tight compartments as in many situations it

may be impossible to isolate them and both sets of

circumstances will have to be considered to cull out the

cumulative effect thereof. Viewed in the aforesaid context

the observations contained in para 52 of Shankar Kisanrao

Khade (supra) noted above, namely, 100% crime test and

0% criminal test may create situations which may well go

beyond what was laid down in Bachan Singh (supra).

25. We may also take note of the separate but concurring

judgment in Shankar Kisanrao Khade (supra)

enumerating the circumstances that had weighed in favour

of commutation (Para 106) as well as the principal reasons

for confirming the death penalty (Para 122).

In para 123 of the aforesaid concurring opinion the

cases/instances where the principles earlier applied to the

sentencing decision have been departed from are also

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noticed. Though such departures may appear to give the

sentencing jurisprudence in the country a subjective colour it

is necessary to note that standardisation of cases for the

purposes of imposition of sentence was disapproved in

Bachan Singh (supra) holding that “it is neither practicable

nor desirable to imprison the sentencing discretion of a

judge or jury in the strait-jacket of exhaustive and rigid

standards”.(Para 195) In this regard, the observations with

regard to the impossibility of laying down standards to

regulate the exercise of the very wide discretion in matters

of sentencing made in Jagmohan Singh (supra), (Para 22

hereinabove) may also be usefully recalled. In fact, the

absence of any discretion in the matter of sentencing has

been the prime reason for the indictment of Section 303 IPC

in Mithu Vs. State of Punjab7. The view of Justice

Chinnappa Reddy in para 25 of the report would be apt for

reproduction hereinbelow:-

“25. Judged in the light shed by Maneka Gandhi and Bachan Singh, it is impossible to uphold Section 303 as valid. Section 303 excludes judicial discretion. The scales of justice are removed from

7 AIR 1983 SC 473

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the hands of the Judge so soon as he pronounces the accused guilty of the offence. So final, so irrevocable and so irrestitutable is the sentence of death that no law which provides for it without involvement of the judicial mind can be said to be fair, just and reasonable. Such a law must necessarily be stigmatised as arbitrary and oppressive. Section 303 is such a law and it must go the way of all bad laws. I agree with my Lord Chief Justice that Section 303, Indian Penal Code, must be struck down as unconstitutional.”

26. In a recent pronouncement in Sunil Dutt Sharma vs.

State (Govt. of NCT of Delhi)8 it has been observed by

this Court that the principles of sentencing in our country are

fairly well settled – the difficulty is not in identifying such

principles but lies in the application thereof. Such

application, we may respectfully add, is a matter of judicial

expertise and experience where judicial wisdom must search

for an answer to the vexed question —whether the option of

life sentence is unquestionably foreclosed? The unbiased

and trained judicial mind free from all prejudices and notions

is the only asset which would guide the judge to reach the

‘truth’.

8 2013 (12) SCALE 473

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27. Before proceeding to examine the relevant

circumstances for adjudging the sentence that would be

proper in the facts of the present case, we may take notice

of a recent pronouncement of this Court in Sushil Sharma

Vs. The State of NCT of Delhi9 wherein in paras 79, 80,

and 81 this Court, once again, had the occasion to take

notice of the circumstances which had weighed in

commutation of the death sentence as well as those which

have formed the basis for upholding such sentences.

Thereafter in para 81 of the report it has been held that the

core of a criminal case lies in its facts and facts differ from

case to case. The relevant paragraphs mentioned above

may now be recalled.

“79. We notice from the above judgments that mere brutality of the murder or the number of persons killed or the manner in which the body is disposed of has not always persuaded this Court to impose death penalty. Similarly, at times, in the peculiar factual matrix, this Court has not thought it fit to award death penalty in cases, which rested on circumstantial evidence or solely on approver’s evidence. Where murder, though brutal, is committed driven by extreme emotional disturbance and it does not have enormous proportion, the option of life imprisonment has been exercised in certain cases. Extreme poverty

9 2013 (12) SCALE 622

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and social status has also been taken into account amongst other circumstances for not awarding death sentence. In few cases, time spent by the accused in death cell has been taken into consideration along with other circumstances, to commute death sentence into life imprisonment. Where the accused had no criminal antecedents; where the State had not led any evidence to show that the accused is beyond reformation and rehabilitation or that he would revert to similar crimes in future, this Court has leaned in favour of life imprisonment. In such cases, doctrine of proportionality and the theory of deterrence have taken a back seat. The theory of reformation and rehabilitation has prevailed over the idea of retribution.

80. On the other hand, rape followed by a cold- blooded murder of a minor girl and further followed by disrespect to the body of the victim has been often held to be an offence attracting death penalty. At times, cases exhibiting premeditation and meticulous execution of the plan to murder by leveling a calculated attack on the victim to annihilate him, have been held to be fit cases for imposing death penalty. Where innocent minor children, unarmed persons, hapless women and old and infirm persons have been killed in a brutal manner by persons in dominating position, and where after ghastly murder displaying depraved mentality, the accused have shown no remorse, death penalty has been imposed. Where it is established that the accused is a confirmed criminal and has committed murder in a diabolic manner and where it is felt that reformation and rehabilitation of such a person is impossible and if let free, he would be a menace to the society, this Court has not hesitated to confirm death sentence. Many a time, in cases of brutal murder, exhibiting depravity and sick mind, this Court has

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acknowledged the need to send a deterrent message to those who may embark on such crimes in future. In some cases involving brutal murders, society’s cry for justice has been taken note of by this court, amongst other relevant factors. But, one thing is certain that while deciding whether death penalty should be awarded or not, this Court has in each case realizing the irreversible nature of the sentence, pondered over the issue many times over. This Court has always kept in mind the caution sounded by the Constitution Bench in Bachan Singh that judges should never be bloodthirsty but has wherever necessary in the interest of society located the rarest of rare case and exercised the tougher option of death penalty.

81. In the nature of things, there can be no hard and fast rules which the court can follow while considering whether an accused should be awarded death sentence or not. The core of a criminal case is its facts and, the facts differ from case to case. Therefore, the various factors like the age of the criminal, his social status, his background, whether he is a confirmed criminal or not, whether he had any antecedents, whether there is any possibility of his reformation and rehabilitation or whether it is a case where the reformation is impossible and the accused is likely to revert to such crimes in future and become a threat to the society are factors which the criminal court will have to examine independently in each case. Decision whether to impose death penalty or not must be taken in light of guiding principles laid down in several authoritative pronouncements of this Court in the facts and attendant circumstances of each case.”

(Underlining is ours)

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28. In the present case, there is no manner of doubt that

the accused appellants have committed the murder of as

many as 9 innocent and unsuspecting victims who were led

to believe that A-1 had magical powers to multiply money.

The deceased, after being killed, were robbed of the cash

amounts that they had brought with them for the purpose of

“money shower”. The criminal acts of the accused were

actuated by greed for money and such acts were the result

of a carefully planned scheme. The crimes were committed

over a period of nearly two months in three different

episodes. The assaults on some of the victims were

merciless and gruesome. Some of the victims were young

and hapless children i.e. Sanjay Mali and Rajesh Mali.

29. At the same time, all the four accused were young in

age at the time of commission of the offence i.e. 23-29

years. They belong to the economically, socially and

educationally deprived section of the population. They were

living in acute poverty. It is possible that, being young, they

had a yearning for quick money and it is these

circumstances that had led to the commission of the crimes

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in question. Materials have been laid before this Court to

show that while in custody all the accused had enrolled

themselves in Yashahantrao Chavan Maharashtra Open

University and had either completed the B.A. Examination or

are on the verge of acquiring the degree. At least three of

the appellants (A-2, A-3 and A-6) have, at different points of

time, participated in different programmes of Gandhian

thoughts and have been awarded certificates of such

participation. In prison, A-2 has written a book titled

“Resheemganth” and A-3 has been associated with the said

work. There is no material or information to show any

condemnable or reprehensible conduct on the part of any of

the appellants during their period of custody. All the

circumstances point to the possibility of the accused-

appellants being reformed and living a meaningful and

constructive life if they are to be given a second chance. In

any case, it is not the stand of the State that the accused-

appellants, are beyond reformation or are not capable of

living a changed life if they are to be rehabilitated in society.

Each of the accused have spent over 10 years in

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incarceration. Though it must not be understood in any

other manner the entire case against the accused is built on

circumstantial evidence.

30. Balancing the two sets of circumstances i.e. one

favouring commutation and the other favouring upholding

the death penalty, we are of the view that in the present

case the option of life sentence is not “unquestionably

foreclosed”. Therefore, the sentence of death awarded to

the accused should be commuted to life imprisonment. We

order, accordingly, and direct that each of the accused-

appellants, namely, Santosh Manohar Chavan, Amit Ashok

Shinde, Yogesh Madhukar Chavan and Mahesh Dhanaji

Shinde shall undergo imprisonment for life for commission of

the offence under Section 302/120B IPC. The sentences

awarded to the accused-appellants by the High Court for

commission of all other offences under the IPC and the Arms

Act are affirmed to run concurrently. We also make it clear

that the custody of the appellants for the rest of their lives

will be subject to remissions if any, which will be strictly

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subject to the provisions of the Sections 432 and 433-A of

the Cr.PC.

31. We accordingly dispose of all the appeals with the

modification of the sentence as above.

.…………………………CJI. [P. SATHASIVAM]

.......………………………J. [RANJAN GOGOI]

..........……………………J. [SHIVA KIRTI SINGH]

NEW DELHI, FEBRUARY 27, 2014.

51

MAHESH DHANAJI SHINDE Vs STATE OF MAHARASHTRA

MAHESH DHANAJI SHINDE Vs STATE OF MAHARASHTRA