Sindhudurg Multiple Murder Case Sessions Court Judgement-Death Sentence

8/10/2019 Sindhudurg Multiple Murder Case Sessions Court Judgement-Death Sentence

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Received on :-10.02.2005.Registered on :- 10.02.2005.Decided on :- 26.05.2009.Duration :- Yrs. Ms. Ds.

04 03 16.

IN THE COURT OF ADDITIONAL SESSIONS JUDGE, SINDHUDURG.

At :- OROS.

(PRESIDED OVER :- BY SHRI. J. N. SHANBHAG.)

SESSIONS CASE No. 5/2005.Exh. No. 22

The State of Maharashtra/- )

Through- )......... Complainant.

Madhav Prabhakar Prabhu- )Khanolkar, Dy. S.P., S.D.P.O. )Office, Kankavali, )

-:- Vs. -:-

1) Santosh Manohar Chavan, age ) 29 yrs.R/o.Humarmala Domble ) wadi,Tal.Kudal,Dist.Sindhudurg. )

)2) Amit Ashok Shinde, age 23 years. ) R/o. Shambhu Choudhari Chawl. ) Oharipada,Room No.1,S.V.Road, ) Dahisar, (east), Mumbai 68. )

)3) Yogesh Madhukar Chavan, age 23 )

yrs.R/o.103,New Shital Apartment) Oharipada, Dahisar (east) Mumbai)

68. )..............Accused.

)4) Tanaji Sitaram Gavade, age 47 yrs.) R/o. Nandos Gaonkarwadi, Taluka) Malwan, District Sindhudurg. )

)5) Mahesh Dhanaji Shinde, age 24 Ys ) R/o.Ekasartali Pakhadi,Moreshwar) Patil Road, Shinde House, Borivali )

(West ) Mumbai- 92. ) )

7) Suryakant Anant Korgaonkar, age 42) yrs. R/o. Nandos Gaonkarwadi, Tal.- ) Malwan District- Sindhudurg. )

)

Offence under sections 302, 201, 364A, 394, 397,404,201(I),

201(II), 212, 120(B), r/w. s. 34 of I. P. C. Sec. 3,5,6, r.w.25 of

Arms Act.

Shri. S. N.Bhanage, Special Prosecutor for the State.Shri. S. D. Desai, Counsel for the accused No. 1.Shri. R.V. Raorane, Counsel for the accused Nos.2, 7.Shri. S. S. Pai, Counsel for the accused 3.Shri. M. B.Sukali, Counsel for accused No. 4.

Shri. S. A. Samaqnt, Counsel for accused No. 5.


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-:_JUDGMENT -:-

(Delivered on 26th May 2009.)

01. The accused herein have been charged for the offence punishable

under sections 120-B, 364A, 302, 394, 397, 404, 201, 212, 115, 202 read with 34

of I. P. C. and under section 3, 5, 6 read with 25 of Arms Act for having induced

the persons by giving assurance of multiplying their money with the help of

special science, charms, spells and spiritual power by taking them from Mumbai

to Nandos, infurtherance of their criminal conspiracy by abducting Vijaysinh

Dudhe, Dadasaheb Chavan, Sanjay Gavare and Bala Pisal, and by robbing cash

worth of Rs. 3,00,000/- and from them and causing their murder by deadly

weapons like guns, Sword, revolvers, rods and making an attempt to disappear by

disposing off the dead bodies into unaccessible places by destroying the evidence

of their identity and by concealing unauthorized guns used in the offence. Further

the accused No. 7 has also been charged for harbouring the accused Nos. 1 to 3

and 5 and assisting them in disposing off the weapons used in the crime.

02. The case of the prosecution can be summarized, in short, as under :-

Victims-Vijaysinha Dudhe, Dadasaheb Chavan, Sanjay Gavare and

Vinayak Pisal were resident of Mumbai and Pune. They were dealing in business

or as an Estate Agent. On the other hand, the accused No. 1 was maintaining an

auto rickshaw and plying the same within the presincts of Borivali. The accused

No. 2 was working as L. I. C. agent. Accused No. 3 was serving in private institute.

Accused No. 4 is an agriculturist from Nandos. Accused No. 5 was running a

rationing shop. The accused No. 7-Suryakant is also resident of Nandos and an

agriculturist. Accused No. 1 is son of sister of accused No. 7. The accused No. 1

was brought up by accused No. 7 since the mother of accused No. 1 was lunatic

and father was maintaining somehow by doing labour. Satish, the other maternal

uncle of accused No. 1, shifted accused No. 1 to Mumbai so as to secure somework

as at village Nandos, the accused No. 1 was doing agriculture and grazing cattle

with his maternal uncle-accused No. 7. All victims came in contact with accused

Nos. 1 to 3. The victims were in financial straits. It is alleged that the accused

Nos. 1 to 3 induced them with the assurance that the money invested by them will

be multiplied in many folds with the assistance of accused No.1 as accused No. 1

is holding spiritual powers, charms and spells. Time and again, they induced the

victims to collect funds and accordingly, the victims collected near about 3,

00,000/- and informed the said fact to accused Nos. 1 to 3.


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03. Somewhere on 20.12..03, the police authorities received anonymous

letters and phone calls that the dead bodies of unknown persons are lying in the

hillock of Nandos as well in the adjoining agricultural fields. The S. P.,

Sindhudurg, issued necessary directions to the Police Officers, to take search of

the fact. Accordingly, the police officers paid visit to village Nandos, enquired with

the Police Patil, and later on, collected the villagers and in order to take search of

the truth, proceeded to the plateau of Nandos by climbing the hillock. While

taking search, the Police Officers and villagers found seven dead bodies scattered

here and there and after taking further search, they also recovered two more

bodies on the next day. One of the I. O. and Dy. S. P.-Prabhu Khanolkar lodged F.

I. R. in respect to killings of victims-Vijaysinha Dudhe, Dadasaheb Chavan, Sanjay

Gavare, and Vinayak Pisal and said crime No.24 of 04 was registered. Accordingly,

S.P., Sindhudurg, entrusted the investigation of the case to Dy. S. P.-Prabhu

Khanolkar. The investigating agency then drawn the panchanama of inquest of all

the bodies on the spot and for the purpose of identification, in the inquest

panchanama on the top, numbers were given to the dead bodies as D. B 1 to D. B.

7, 8 and 9 etc.. The search of the plateau was taken in presence of pancha

witnesses and during the search, the brown pant's hooks, blood stained diary,

broken brief case and such other articles, were found.

04. The dead bodies were brought to Oros Hospital for the purpose of post

mortem. The Civil Surgeon directed all Medical Officers to perform autopsy on a

body. The dead bodies were in decomposed, mummified and most of them, were

in skeleton form. Even the skulls and other parts of the bodies of some of the

skeletons, were separated. Eventually, the Medical Officers at Oros, performed

autopsy but could not record their opinion and preferred to preserve the viscera of

the dead bodies and expressed to refer bodies for Forensic chemical test and

hence, the dead bodies were proposed to be referred to Miraj Medical College for

forensic examination and for taking further steps. In Miraj Medical College, Dean

of the College, on considering the gravity of the case, formed committee of the

Medical Officers headed by Dr. Jinturkar and after conducting the procedure of

maceration to clean the skeletons by keeping them in separate drums, performed

autopsy with the help of experts and recorded the opinion in respect to cause of

the death. During this period, wide publicity was given and with the help of diary

found on the plateau, the relatives and friends of victims were called in order to

identify the dead bodies. The information of missing persons was also collected

from Marahrastra State. The relatives and friends identified the dead bodies on the


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basis of clothes, and other reminance found on the dead body. Later on, with the

help of Miraj Medical College, Miraj, some of the organs of the dead bodies were

referred to C.D.F.D., Hyderabad for D.N.A. tests. At the same time,the

Investigating Agency also referred the skulls of some of the victims to the Forensic

Laboratory, Kalina, for the purpose of superimposition test. During the course of

investigation, it was transpired that a Mali family of Washi, and one Dudhe from

Wai, Badalapur while Dada Chavan from District Pune, were missing and the

reports of missing, were registered with the Police Station, Badalapur, Washi and

Wai and concerned Police Stations, held some persons for the purpose of enquiry

and the accused No. 1 was amongst them.

05. During the course of investigation, the investigating authority

contacted the relatives of the deceased and it was transpired that the accused Nos.

1 to 3 had contacted them or their relations. Hence, accused No. 1 was taken in

custody for the purpose of enquiry when he had been to Humarmala Domblewadi,

Tal.-Kudal, on account of death of his father and after making enquiry, accused

Nos. 2 to 7 came to be arrested. Whilist in police custody, accused made

voluntary disclosure and on the basis of those disclosures, the mobile phones, iron

rods, swords cut parts of guns, one muzzle loader gun, and other incriminating

material used in the crime, came to be seized by drawing panchanamas. The

seized articles were also referred to the Chemical Analyst. The ornamental gold,

Wrist Watch, etc. belonging to victims was also recovered from the accused on the

basis of voluntary disclosures made by them. The samples of blood of the relations

of the victims, were collected and sent to C. D. F. D., Hyderabad, for the purpose

of D. N. A. tests. The test identification parade also was conducted wherein

accused Nos. 1 to 3 were identified by the witnesses. During the course of

investigation, the assets acquired by the accused by wrongful gain, came to be

seized in the nature of motor bikes, Tata Sumo-four wheeler.It was also transpired

that the accused had opened the Savings Bank account in their own names and in

the names of their wives, fiancies and were depositing some of the amount in

those accounts. During the course of investigation,it was transpired that the

victims were brought from Bombay and they were kept in the lodges at Kankavali

and/or Malwan and therefrom they were taken to the plateau of Nandos by auto

rickshaw where they were slain. Hence, the relevant registers from those lodges

came to be seized.

06. After ascertaining some of the entries therein, the specimen hand---


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writing of accused No. 2 was taken since the accused No. 2 was entrusted with the

work to bring the victims upto Kankavali or Malavan and to keep them in the

Lodges before they are taken to the plateau of Nandos. The specimen handwriting

and signature of accused No. 2-Amit was taken and was also referred to the

Handwriting Expert. During the course of investigation, the panchanama of - -

spot of offence, panchanamas of the spots wherefrom the articles recovered, the

panchanama of house search, seizure and panchanama of arrest of all accused,

also came to be drawn in presence of pancha witnesses. After acquiring reports

from all Experts and collecting sufficient material, it was transpired that the

accused in prosecution of their common object, by forming conspiracy, committed

robbery coupled with murders and thus committed 10 serial murders and the

present victims Dada Chavan, Sanjay Gavare, Bala Pisal, and Vijaysinha Dudhe

were murdered on 30.10.2003 at different places on the hillock of Nandos.

Hence, on collecting sufficient material, the charge-sheet was submitted against

the accused before J. M.F. C., Malwan, in turn committed the case to the Court of

Sessions.

07. Accused No. 1 was provided legal aid whereas rest of the accused,

engaged their own lawyers. All accused pleaded not guilty to the charge and

claimed to be tried. Their defence is that of total denial.

08. From the evidence on record, the following points have been framed for

determination. The points and findings thereon are as under :-

-:- Points -:- -:- Findings -:-

(1) Whether the prosecution has established )

that the accused formed criminal conspi- ) -racy with intent to abduct the persons ) for the purpose of robbery and murder by ) giving false promises, assurances and ) inducement of multiplying money in ) many folds ? )........ Proved.

(2) Whether the prosecution has further esta- ) -blished that in pursuance of that criminal) conspiracy,the accused took Vijaysinh ) Dudhe, Dada Chavan, Vinayak Pisal and ) Sanjay Gavare from Mumbai and Pune to ) Nandos with intent to rob and to cause ) their murders ? )........ Proved.

(3) Whether the prosecution has further esta- )


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-blished that the accused in pursuance of ) said conspiracy, abducted Vijaysinh Dudhe)

Dada Chavan, Sanjay Gavare and Bala Pisal from)

Pune, Mumbai to Nandos with intent to rob) money and to cause their murder ? )....... Proved.

(4) Whether the prosecution has further esta- ) -blished that accordingly the accused )

infurtherance of their common intention ) robbed above said Chavan, Dudhe, Gavare) and Pisasl and caused their murders with ) intent to kill them ? )........ Proved.

(5) Whether the prosecution has further esta- ) -blished that the accused infurtherance of ) their common intention threw the dead )

bodies of Chavan, Dudhde, Gavare and ) Pisal in unaccessible places of hillock of )

of Nandos by --taking all articles of the ) of identification from their persons with ) intent to disappear the evidence ? )........ Proved.

(6) Whether the prosecution has established ) that the bodies found on the hillock of ) Nandos were of Dada Chavan, Dudhe, ) Sanjay Gavare and Bala Pisal ? )........ Proved.

(7) Whether the prosecution has further estab- ) -lished that the accused in pursuance of the) criminal conspiracy, murdered Chavan,Vija-) -ysinh Dudhe,Sanjay Gavare and Bala Pisal )

by assaulting them with weapons like knife, ) -----, iron rod, lathis etc. and with intent to ) disappear the evidence,their bodies were thrown) into the valley ? )....... Proved.

(8) Whether the prosecution has further ) established that the accused in pursuance of ) their common intention and in pursuance of ) criminal conspiracy, dishonestly mis-appro- ) -priated sum of Rs. 3,00,000/- and belong- ) -ing to the victims by causing their murders?)........ Proved.

(9) Whether the prosecution has further establi- ) -shed that the accused 4 and 7 have knowle-) -dge and/or reason to believe the criminal ) conspiracy of accused 1 to 3,5 and with the ) said knowledge,harboured them and provided) guns to accused 1 to achieve the said object ?)....... Not proved.

(10) Whether the prosecution has further establi- ) -shed that the accused in the commission of the)

crime, used ------ fire arms, two muzzle loader ) guns, one revolver, and one sword without the ) permit and thereby committed the offence under) section 3, 5, 6, R/W. 25 of the Arms Act? )....... Proved.


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-:- R E A S O N S. -:-

-:- Point Nos. 1 to 10 -:-

09. Though three separate crimes have been registered and three

chargesheets have been submitted as Sessions Case No. 3/05, 4/05, and 5/05, at

the time of hearing, the evidence has been led in Sessions Case No. 3/05. In order

to sustain the conviction against the accused, the prosecution has examined in all

128 witnesses as well as referred and proved series of documents. There is no eye

witness to witness the incident of 10 serial murders on 3 different dates. So,

naturally the entire case of the prosecution has been founded on circumstantial

evidence. It is needless to state that as has been laid down in the case ofJaharlal

Das Vs. State of Orissa Vol. 6, 1991(2) Crimes, 268), it is well settled that the

circumstantial evidence in order to sustain the conviction, must satisfy three

conditions:- (i) The circumstances from which the inference of guilt is sought to be

proved, must be cogently, firmly established;(ii) those circumstances should be of

definite tendency unearringly pointing towards guilt of the accused; (iii) the

circumstances taken cumulatively should form a chain so as to conclude that

there is no escape from the conclusion that within all human capability the crime

was committed by the accused and none else, and it should also be incapable of

explanation on any other hypothesis than that of guilt of the accused.

10. In the light of aforesaid settled principles, the entire evidence led by the

prosecution needs to be scanned. As already discussed above, in all 128

witnesses including 38 pancha witnesses, 22 persons acquainted with accused

and victims, 9 persons as relatives of the victims, 13 Medical Officers, 5 witnesses

connected with telephone and mobiles, 29 police witnesses, 2 Executive

Magistrates, 5 Bank Officers and 5 experts on the subject of DNA,

Superimposition, handwriting, F.S.L., Ballistics Expert etc.. have been examined.

Hence, instead of crowding the Judgment with the list of the witnesses examined

and the documents referred and admitted in evidence, for the purpose of clarity

and convenience, the list of 128 witnesses, examined by the prosecution, has been

attached to the Judgment as Annexure A, whereas the documents referred, relied

upon and admitted in evidence, have been attached to the Judgment under

Annexure B. The statement of various savings bank accounts of Accused and

their relatives with status of accounts for the months of August to November, 2003

is attached to the Judgment under Annexure C.

11. The crime relates to 10 serial murders. Out of 10 victims, 4 belong to


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one family and the rest are from different families. On behalf of the prosecution, it

is submitted that the greed of easy money, has ultimately taken tole of 10 victims

on one hand and greed of easy money was again the factor which ultimately

compelled the accused to commit the crime. In order to establish the

circumstances, the prosecution has relied upon the motive, modus, the evidence of

last seen as well as the prosecution has also examined the close relatives of the

accused in order to throw light on the conduct of the accused in commission of the

crime and as one of the circumstances, the prosecution has also placed reliance

on the acquisitions made by the accused out of wrongful gains. In order to prove

the aforesaid fact, the prosecution has placed on record the evidence of purchasing

of motor bikes, Sumo four wheeler and depositing the amounts into the bank by

the accused either in their names or in the names of their close relations.

12. Now, it is the case of the prosecution that all accused belongs to

Middle Class strata. The accused No. 1 studied upto 4th standard, failed in 5th

standard and thereafter he was taking cattle for grazing belonging to his maternal

uncle-accused No. 7. The mother of the accused was suffering from illness of

attacks of epilepsy whereas the father was agricultural labour. Thus, on account

of their poverty, the accused No. 1-Santosh and his brother-Sachin, PW-5, were

brought by accused No. 7 to his house for maintenance and education. Accused

No. 1 was studying in the School upto 5th standard and thereafter on account of

his failure to pass the 5th standard, he started taking cattle of his maternal uncle

for grazing. PW-5-Sachin,the younger brother of accused No. 1, studied upto 9th

standard and thereafter he acquired the technique to drive the auto rickshaw and

started to drive the auto rickshaw at and within the local limits of Nandos. The

accused No. 1 was taken to Mumbai by his another maternal uncle-Satish, the

prosecution witness with a view to provide some job. Satish then provided the

training to accused No. 1 to drive the auto rickshaw. The accused No. 1 then

started taking auto rickshaw on hire and plying auto rickshaw and earning some

amount by the end of the day. The accused No. 1 then married Sujata More. Her

father was the Police Head Constable. Sujata More's elder sister is wife of Satish,

maternal uncle of A-1.

13. Accused No. 2 also hails from Middle Class family. He was working as

L. I. C. agent. His earning was even not sufficient to maintain himself. Accused

No. 3-Yogesh was also serving in private institute.


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14. Now it is the case of the prosecution that the accused No. 1 is the

kingpin and accused Nos. 2 and 3 were his associates. Initially they form

conspiracy to acquire easy money by defrauding the people. Accused Nos. 2 and 3

were canvassing that accused No. 1 is possessing charms and spells and has

spiritual power and he has the power to shower money by scientific method or by

spiritual power. Thus initially the accused Nos. 1 to 3 were defrauding the people

and earning money by practicing fraud upon them. According to the prosecution,

this fraud gone beyond the control of the accused and the people not only

suspected but started chasing them for recovery of money. Hence, accused 1 to 3

changed their modus operandi.

15. The accused then started taking persons from Mumbai directly to

Malwan in order to demonstrate the shower of money. They were asking the

victims to bring currency notes of higher denomination so that multiplied money

will be easiest to carry. According to the prosecution, even the accused were

asking the victims to take gunny bags right from Bombay so that the multiplied

money can easily be taken to Bombay and the villagers of Nandos shall not

suspect the victims. Now, according to the prosecution, the accused were

inducing the persons with the assurances of multiplying money. They were asking

the victims to bring money and on satisfaction that the victim has collected

sufficient funds, they were taken from Mumbai to Kankavali or Malwan. The

victims were then kept in Lodge and from the Lodge, the victims were taken by an

auto rickshaw near the hillock of Nandos plateau and therefrom the victims were

taken on the foot to the hill and under the garb of pooja and worshipping, the

victims were slain by robbing their money and the dead bodies of the victims were

filled in the jute bags brought by them and the bags were then thrown into the

valley. Thus, according to the prosecution, this was the modus operandi and in

order to achieve the aforesaid object, all the times, accused Nos. 1 to 3 were

visiting the house of accused No. 7 since it was situated close to the Gadhi

situated at the hillock of Nandos plateau.

16. The prosecution has claimed that the accused No. 7 was knowing or

had a reason to believe that accused No. 1 to 3 were indulged and involved in

committing the crime; yet he provided his muzzle loader gun and harboured them

in his house from time to time. As against that, according to the prosecution, the

accused No. 4 provided his muzzle loader gun to the accused Nos. 1 to 3 and

thereby assisted them in committing crime and thus he was also part of the

conspiracy hatched by the accused 1 to 3. Finally it has been established from the


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evidence on record that accused Nos. 4 and 7 had no actual participation in the

crime. Even it is not a case of prosecution that by the commission of crime of

accused 1 to 3, the accused 4 and 7 wrongfully gained something. With this

backdrop, it is to be noted that it has been established from the facts on record,

the accused No. 7-Suryakant was suffering from illness of attacks of epilepsy and

fits. His eye-sight was weak. His speech was incoherent. He had no source of

income than small paddy plots and on account of physical disability, he was not in

a position to serve and as such, he was residing in the village whereas his three

brothers were serving in Mumbai and transmitting money orders to accused No. 7.

Finally it is also to be noted that PW-4-Smita, the wife of accused 7, was the

second wife of accused 7 and even prior to her marriage, she had relations with

the family of accused 7 in as much as accused 7, the husband of Smita was son of

sister of her father.

17. In the light of aforesaid salient features, now it is to be noted that 9

dead bodies were found scattered and thrown here and there either openly or

partly in jute bag on the plateau of Nandos. Hence, the police authorities rushed

to the plateau. Initially panchanama of inquest of 7 bodies were drawn. On the

next day, the panchanamas of inquest of two dead bodies were drawn whereas last

body was exhumed which was already burried in the Hindu cremation ground of

Salel Nangarbhat. As police could not detect the identification of the said dead

body, the dead body was burried as unknown dead body. Thus during the

investigation it was transpired that the body burried at Salel Nangarbhat was also

one of the victim of the present accused and hence, his body was exhumed and

the post mortem of DB No. 10 was conducted at Miraj Medical College for the

purpose of report and at the same time, some material bones were taken and they

were sent to C.D.F.D., Hyderabad for D.N.A.test alongwith sample of blood of close

relations . The evidence on record warrant that initially the samples of bones of 10

bodies were sent to C.D.F.D.,Hyderabad and since some of the bones sent were

found unsuitable for the purpose of D.N.A. analysis, additional bones of six femur

of unknown body Nos. 2, 3, 4, 5, 7, and 10 were sent to C.D.F.D., Hyderabad.

Thus C.D.F.D. conducted D.N.A. analysis and finally could record its positive

opinion in respect to DB Nos. 1, 2, 6, 7, 8, 9, only. It is also otherwise proved fact

that three skulls of DB Nos. 3, 4, and 5 were referred to F. S. L., Mumbai for

superimposition test and the expert submitted positive report in respect to the

skulls of DB Nos. 3, 4, and 5.


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-:- Medical Evidence. -:-

18. It is the case of the prosecution that since on the first day i. e. on

20.12, they noticed 7 bodies during the twilight and hence, right from 21.12.,the

work of drawing panchanama of spot of offence, panchanama of inquest started

and at the relevant time since there were 7 bodies, the Investigating agency for the

sake of convenience, started noting body No. at the right top corner of the first

page of inquest panchanama instead of referring the said fact in the inquest

panchanama. Further it is the case of the prosecution that at the same time the

labels were prepared and either they were tagged to the body or the cloth present

on the dead body indicating the body No. and since then, the dead bodies were

identified as DB-1 to DB-9. Initially the dead bodies were referred to Civil

Surgeon, Oros, and Civil Surgeon, Oros, directed all the Medical Officers to

conduct autopsy on one dead body each.

19. After considering the fact that there is no ocular evidence and the

entire case has been founded on circumstantial evidence. It is but natural that the

evidence led by the prosecution needs to be scanned carefully and the burden is

on the prosecution to establish that :-

(i) The unknown dead bodies died off culpable homicide amounting to murder ;

(ii) The unknown dead bodies were the very victims as alleged by the prosecution;

(iii) The victims were murdered by the accused and none else ;

Once aforesaid factors are established, then the cause of the murder is

to be ascertained in the light of aforesaid guidelines. In the first place , the

medical evidence on record shall be considered .

20. The evidence on record indicate that there is little confusion as to when

dead body Nos. 1 to 7 were shifted to Miraj Medical College. Whether it was on

22.12. or 23.12. But on considering the clarification made by PSI-Yadav it is clear

that all doubts raised in that behalf have been set at rest. Here it is to be noted

from the perusal of the statement of PSI-Yadav under whose leadership, the body

Nos. 1 to 7 were shifted from Oros to Miraj Medical College, has cleared the fact

that for want of van, the bodies could not be shifted to Oros on 22.12. and

accordingly, the bodies were taken to Miraj Medical College on 23.12.. Thus it will


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find that there is conflict between the statements of constables on one hand and

PSI Yadav on the other but after considering the entry present in the Station Diary

on one hand and considering the statement of Dr. Jinturkar, it has been proved to

the satisfaction of the Court that PSI Yadav reach Miraj Medical College, Miraj on

23.12. and for want of certain clarifications the bodies were not accepted by the

Medical Officers and after receipt of phone call from S. P., Sindhudurg, the dead

body Nos. 1 to 7 were accepted on the dawn of 24.12.. It is established from the

facts on record that the bodies were kept in a sealed condition in the cardboard

boxes and there was no chance of tampering nor there was any reason to tamper

with the seals of the boxes. Thus what has been established to the satisfaction of

the Court that the dead bodies found on the plateau of Nandos were brought to

Civil Hospital, Oros after drawing the panchanamas of inquest and after autopsy,

the dead bodies were shifted to Miraj Medical College, Miraj in sealed boxes.

-:- Medical Evidence -:-

-:- DB 2 to 5.-:-

21. It is the case of the prosecution that on 20.12.03 P. I. Mungekar , P.

I.Landge had been to the plateau of Nandos and after taking search, they noticed

in all 7 dead bodies lying scattered on the plateau. P. I. Landage left the plateau

and the matter was reported to Dy. S. P. Prabhu Khanolkar who then came to the

plateau but since it was twilight, the work of inquest panchanama was postponed

and throughout night P. I. Mungekar and Dy. S. P. Khanolkar and other police

staff members remained on the plateau.

-:- DB-2. -;-

..........

22. From the perusal of statement of PW-86-Police Constable-Rane at Exh.

460, it is clear that dead body Nos. 1,2, and 3 were entrusted to him after drawing

the panchanama of inquest by Liyakat Ali Pardeshi in presence of pancha

witnesses Naik and parab under panchanamas at Exh. 432, 433, and 434.

Thereafter it was Suhas Rane who shifted body Nos. 1 to 3 from the plateau ofNandos to Civil Hospital Oros.

23. From the perusal of Dr. R. S. Patil,below Exh. 249(PW-23), it will find


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in his evidence that he received the report of viscera and found that no poisoning

or arsenic material was found in the dead body. Thus after doing the needful, the

body was packed in the box and it was sealed and handed over to the Police for

further examination of Forensic Expert at Miraj Medical College.

25. Again on 24.12.03 he alongwith all others who conducted autopsy on

dead bodies found at Nandos, were called at Miraj Medical College and in presence

of Dr. Jinturkar, obtained samples of muscles and metacarpal bone, scalp,

hair,nails,metatarcel bone, thigh muscles mass and scalp piece of dead body No. 2

for the purpose of DNA test. And he sealed those samples and handed over to the

police for refering it to C. A.. It is in his cross-examination that the dead body

sent in the card board box was not opened before the witness reach Miraj and he

received message on 23.12.03 in the evening that for the purpose of collection of

viscera, he and another Doctors are called to Miraj. He also has clarified that only

difference or discrepancy found by him in the inquest report and the examination

conducted by him was in respect to one injury in right lumber region noted in the

inquest report and according to him, it was not injury but some bites by animals,

and it was post mortem injury.

-:- DB-3 -:-

26. As already discussed above, Liyakat Ali Pardeshi, PW-121, who drawn

the panchanama of inquest of body No. 3 in presence of pancha witnesses-Naik

and Parab and the inquest panchanama is at Exh. 434. It is also in the evidence

of Constable Suhas Rajaram Rane that he carried body No. 3 from the plateau of

Nandos to Civil Hospital, Oros, for the purpose of autopsy. As against that, it was

Dr. P. N. Jadhav who performed autopsy on the dead body No. 3 as can be seenfrom his statement below Exh. 238. From the perusal of statement of Dr. P. N.

Jadhav, it will find that body No. 3 was allotted to him for the purpose of autopsy

on 21.12.03 and accordingly, he performed autopsy on the body between 6 p. m.

to 7.30 p. m.. It was brought by Rane through P. I. Vengurla-Mr. L. A. Pardeshi.

The body was aging 18 years of male adult. There was bluish coloured pant, brown

coloured underwear, leather belt, black thread around the waist, yellow coloured

shirt and white banian on the dead body. The clothes were soiled and muddy.

The body was highly decomposed and partly skeletonised The body was presented

with skull with decomposed skin and with hair. Thereafter he has furnished the

description of limbs present and absent and after going through the said body, he

concluded that he was not in a position to record opinion about the cause of death


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and made a reference for opinion of expert of Forensic Medicines. The P. M.

Report is at Exh. 239.

27. Thus after performing the autopsy, he sealed the body in the cartoon

box, articles on the body were also sealed in the same box separately, affixed the

label of his name on the box with the body No. on the box and delivered the same

in the custody of police. Further it is in his evidence that on 24.12.03 he

alongwith 6 other medical officers, visited the Miraj Medical College, Miraj and in

presence of Dr.Jinturkar and Vaidya, took the samples for reference to C. A. and

D. N. A. in separate glass bottle and the dead body was given in the custody of

Miraj Hospital. The cross-examination of this witness warrant that he had no

occasion to take samples from dead body No. 3 except on 21.12. and 24.12. and

he collected two bones of Metatarcel bone, one piece of soft tissue from left gluteal

region and one piece of scalp with hair in separate bottles with separate label. He

has admitted that C.A. Report is received. It is in his evidence that Civil Hospital

is maintaining Mortuary Register and the entries of articles and dead bodies are

kept in the Register. Further it is in his evidence that when he saw the dead body

for the first time, it was not in the box but it was kept alongwith other dead bodies

in the Post Mortem Room and he does not know who brought those dead bodies

and handed it over to the Hospital. But again has admitted that the information

regarding the person who brought the dead body and the time when it has been

brought has been mentioned in PM report and it is founded on the request letter

sent by the police. Thus it will find that the Medical Officer has been cross-

examined at length but nothing is there to infer that either the witness has been

deposing false that he performed autopsy or that there is any material

contradiction or admission ultimately ruling out the possibility of conducting

autopsy on the dead body by the Medical Officer.

-:- DB-4 and 5-:-

28. The prosecution examined Police Constable-S. N. Lohakare as PW-

82(Exh. 456) to establish that after drawing panchanama of inquest of dead body

Nos. 4 and 5, they were brought to Civil Hospital, Oros. As against that, the

prosecution has examined pancha witness-Pradeep Chavan as PW-36 at Exh. 236

to establish the contents of the panchanama of inquest produced at Exh. 37.

From the perusal of the statement of PW-36-Pradeep, it will find that on 21.12.03

at about 7 a. m., Police Constable Rane attached to Katta Out Post, and the


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witness get downwards at the distance of 7 to 8 ft. into the valley from the plateau

and there he noticed foul smell of dead body. There he saw the dead body. Then

Constable-Rane asked the witness-Chavan and Sanjay Nandoskar to act as

pancha witness and they consented for the same. Accordingly, the panchanama of

highly decomposed body was drawn which was in skeleton form. White sando

banian and one jean pant of black colour were on the dead body. The banian was

torn, soiled and blood stained and leather belt of black colour in the loops of jeans

pant. It was a dead body of male. There was no flesh on the nasal bone and no

eyes. Lower jaw was separated from the head. Some teeth were missing. Three

ribs were dismantled. Police tied one label as Body No. 4 to the jean pant of the

dead body and inquest panchanama was completed and he signed the said

panchanama. Further, according to the witness, there was a big hole on the jeans

pant in thigh region on right side. Bones of fore-arm of the body were lying

separately at the distance of 10 ft away from the body. The bones of both palms

were missing. There was one white full shirt on the dead body and elastic

underwear were stained with blood. The witness then identified the articles found

on the dead body.

29. In his cross-examination, the witness has affirmed the fact that he got

down from the plateau at about 10 a. m. and barring body No. 4, he did not see

any other body. He has affirmed the contents of the panchanama and has

deposed that he did not notice that the facts not seen by him were not noted in the

panchanama. He has admitted that the dead body was handed over to Head

Constable-Lohakare and forwarded the same to Civil Hospital, Oros was not

informed to him and he does not know why it is present in the panchanama. Thus

it will find that though this is irregularity. This cannot be said irregularity of such

nature which ultimately will distrust the fact of drawing panchanama of inquest.

Hence, it is needless to state that the same can not be considered material to

discard the evidence of the witness-Chavan. As against that, it is present from

the statement of constable-Lohakare at Exh. 456(PW-82) that dead bodies were

given in his custody after drawing panchanama of inquest alongwith copies of

panchanamas of inquest and he carried those dead bodies to Civil Hospital, Oros,

for the purpose of autopsy and after performing autopsy, four dead bdies were

kept in the boxes provided by the office and all the articles found on the person of

the victims were kept in the said boxes. Thereafter the Doctors sealed and closed

those boxes and wrote dead body No. on the box and the box was then kept in

Mortury and on 22.12. under the leadership of PSI-Yadav, the boxes were taken to


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Miraj Medical College, Miraj. The clothes and other articles found on the dead

body were returned in the custody of Lohakare on 24.12.03 and he submitted

those clothes found with D. B. Nos. 4 and 5 vide reports at Exhs. 512 and 513 to

Malwan Police on 25.12.03. He also has been cross-examined at length.

30. His cross-examination indicates that he was in the Hospital on 22.12..

It is also in his evidence that the articles were handed over to him after the

midnight of 23.12. and has denied that those boxes were opened in the presence of

Police at night and delivered the custody of those articles to the carrier. The

witness has expressed his innocence about the presence of Medical Officers from

Oros to Miraj between 21.12. to 24.12. and has affirmed that the Civil Hospital,

Oros, had affixed specimen seal of Civil Hospital on the boxes. He has denied that

he has been deposing false that Doctors of Miraj Hospital delivered the articles

found on the person of dead bodies in his custody. Thus despite the rigorous

cross-examination, it can safely be said that that the witness has established the

fact of carrying the dead body from Nandos plateau to Civil Hospital and from

Civil Hospital, Oros to G. M. C., Miraj vis-a-vis returning articles found on dead

body Nos. 4, and 5 to Malwan Police Station. True it is that even this witness has

committed mistakes in recollecting the dates but what is material is the report on

record and the position has been clarified by Dr. Jinturkar as well as PSI-Yadav

and the Investigating Officers that infact initially the dead bodies were decided to

be moved to Miraj on 22.12. but for want of vehicle, the dead bodies were taken to

Miraj on 23.12 and Medical Officers were called on 24th and on 25th Constables

returned with the articles and submitted their reports and articles to Malwan

Police Station 25th.

31. In order to prove the contents of P. M. report of D. B. No. 4at Exh. 607,

the prosecution has examined Dr. Mangesh Tarate at Exh. 606(PW-105) and in

order to prove the contents of P. M. report of D. B. No. 5, the prosecution has

produced and relied upon the report at Exh. 157 and examined Dr. Joshi at Exh.

156(PW-24).

32. From the perusal of statement of PW-105,it will find that on 21.12., the

body No. 4 was referred to him and on examination of the body between 6 p. m. to

7 p. m. he noticed that it was a body of male aging 25. The body was mummified

and only skeleton was there. No abdominal viscera was found. The eyes were

missing. Bony orbit was present. Brain was absent in the skull cavity. A black


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jean pant with the black waist leather belt, dixy underwear with white banian was

on the person of the deceased. The clothes were stained with blood and mud.

There was no thorasic and abdominal viscera. Thereafter he has furnished the

details of the organs found present and absent from the body and has recorded his

opinion that no probable cause of death was given and he advised for expert's

opinion from Forensic Govt. Medical College, Miraj. The witness has admitted the

contents of report at Exh. 607 and 608 and has claimed that he then refilled the

dead body in the cardboard box and sealed with the tape and affixed the seal of

Civil Hospital thereon. Further it is in his statement that on the second occasion

he had been to Miraj Medical College for the purpose of drawing sample for D. N.

A. test as well as to refer the same to Forensic lab, Kalina. Accordingly, on

24.12.03 he drawn the sample under the receipt at Exh. 487.

33. His cross-examination indicates that though the object of performing

autopsy was to ascertain the probable cause of the death,the body referred was in

a condition as has been shown in the photographs as DB-4-C. He has affirmed

that no bone of the body was separated. He has denied that the scapulla and

tumorous was separated from body No. 4. He has denied that 20 ribs were not

present in the body. He has admitted that no skin was present on the body and

has admitted that he has no documentary evidence to show that body No. 4 was

referred to him by Police Constable Lohakare. He has affirmed that he passed a

receipt in favour of Lohakare who brought the said body to him for the purpose of

autopsy and has affirmed that the clothes found on the person of dead body No. 4

were kept separately in the same box containing body No. 4. Thus on the point of

autopsy and the contents of report as well delivery of body, it can safely be said

that the witness had stood satisfactorily despite the searching cross-examination.

34. As against that, now from the perusal of the statement, of Dr.

Balasaheb Joshi below Exh. 156, in order to consider the contents of P. M. report

at Exh. 157, it will find that he conducted autopsy on dead body No. 5 between 6

to 7 p. m. on 21,12, and the body was referred to him through Head Constable

Lohakare, B. No. 381. The body was of male aging around 18. There was blue

jean pant with white checks full shirt, and sando banian and underwear was

found on the dead body . One yellow rubber band on the left hand of the dead

body and two black cut shoes of size No. 7 and one blue sock over the feet of the

deceased was found. The clothes of the deceased were dirty with dust. There were

no stains due to decomposition and shrinkage of the body. Then the witness has


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furnished the details of the presence and absence of the organs of body found in

addition to presence of maggots seen over the body. However, he has added that

due to decomposition no surface injuries were seen. No fracture of skull was

observed. No fracture of skull was seen. But there was blunt depression about 4

cm. X 4 cm. right frontal area. The brain was totally decomposed . The blunt

depression on skull was antemortem and according to officer, the death must have

been caused at least 3 to 4 weeks before the date of post mortem. Accordingly, he

prepared the P. M. Report under his signature which is at Exh. 157. It is in his

evidence that he had preserved viscera and he received the report of Officer from

C. A. that no poisonous substance or arsenic was found in the viscera. The

witness has then affirmed the articles found on the dead body as Court Arts. DB-

5-A and DB-5-B. He also has affirmed the fact of his visit to Miraj Medical College

on 24.12. and collecting viscera samples of Metacarpal bone, muscle mass from

right arm for DNA test and metacarpal bone, piece of skin with hair from scalp for

forensic science testing.

35. In his cross-examination initially the witness has deposed that body

No. 5 was given to the dead body by the Doctors but again thereafter has deposed

that the number was given before conducting autopsy and has added that the

officers noted numbers with the help of marker and tied the plastic paper around

the arms of the dead body with the use of the thread. He has affirmed that even

police had also given No. 5 to body No. 5. He has admitted that in the inquest

panchanama, number has not given to the dead body but has affirmed that on the

top right corner figure 5 was noted in the circle indicating that it was inquest

panchanama of body No. 5. He has affirmed the fact that blunt depression injury

noted by him was seen by naked eyes even before opening the body and he felt

that blunt depression might be an injury and has denied that he could have

noticed the said fact in column No. 17 as surface wound claiming that he had not

formed opinion of cause of death. The witness has been cross-examined at length

but there is really nothing to infer that the statement of witness is interested or

exaggerated and for this or that reason, the same should be discarded.

36. Thus after considering the injuries found on the persons of D. B. Nos.

2, 3, 4, 5, it will find that prima facie the evidence was indicating that the death of

D. B. Nos. 2, 3, 4, and 5 was culpable homicide. Now whether it is culpable

homicide amounting to murder, is the basic question for consideration.


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dead bodies were referred as body Nos.8 and 9 to the Hospital and Hospital

adopted the same procedure and body Nos. 8 and 9 also were kept in the strong

room. Again on 05.01.04 A. S. I. Gosavi came with one more dead body No. 10 in

sealed box and it was also accepted and kept in the strong room after examination

of the seals of the cartoons and complying the necessary formalities.

40. From 13th January, 2004, the Committee started examining the dead

bodies and thus every body was taken up serially to the Radiology Department by

the van. The dead body was kept on the plastic sheet in Anatomitical alignment

after breaking open the seals in presence of all and then the photographs of those

skeletons were taken in addition to the X-rays. At the same time, Dental Surgeon

examined the skeletons in respect to dental examination and he used to explain

his findings on the subject. Medical Offier-Jinturkar and Pathologist-Mrs. Patil,

observed the injuries and obtained the photographs of the same parts. Dr. Vaidya

carried out Anatomitical examination pertaining to the bones to determine, the

age, sex and bony injuries. After such examination those skeletons form of dead

body was wrapped in the same polythene bag and in the same cartoons,and body

were sealed in the cartoon and kept the cartoon in the strong room. Thus by

adopting the similar way carried out the examination of all ten bodies. Thereafter

the Committee decided to go for maceration and thus collected 10 drums and

transferred the entire skeletonized body one in each drum with proper label to the

drum and the drums were filled with water and leeches. The drums were then

sealed after fixing the lids and thus the dead bodies were kept for maceration for

one month. According to Dr. Jinturkar, due to maceration, the soft tissues were

eaten away by leeches and bones in clear form were available for examination. It

is also in his evidence that in addition to the samples taken by the Medical Officers

by visiting Miraj Medical College, Miraj, the S. P., Sindhudurg, asked to provide

additional samples of DB Nos. 3, 5, 7, 10 and the Medical Officer accordingly

collected femur bones of body Nos. 2, 3, 4, 5, 7, and 10 in separate plastic bag and

all plastic bags were immediately sealed after putting every body in separate

cartoon and sealed the Cartoon with the label disclosing body No. and the sealed

boxes were handed over to P.S.I. Tuppal(Exh. 397). Then in the first week of

March, 2004, the dead bodies were taken for detailed examination of bones after

maceration.

41. Thus after considering the evidence of Dr. Jinturkar about the

procedure followed by the Committee consisting Dr. Jinturkar in determining the


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(e) Both the styloid processes broken.

(f) A sharp incised wound over the right parietal bone measuring 3 inch in length.

(g) Mandible broken just to the right of symphysis menti into two

halves, edges sharp.

(h) Right transverse processes of two of the typical cervicle vertebraebroken.

(i) The sacrum is broken on the right side near the lower part involving lower three sacral vertebrae.

(j) Lower end of the right ulna missing edges are smooth.

(k) Lower end of the left ulna missing edges show gnawing marks.

(l) Lower end of the left and right radiia missing, edges shown grawing marks.

44. According to Dr. Jinturkar, injury Nos. (a) to (j) were ante mortem

whereas injury Nos. k and l were post mortem and probable cause of death was

the head injuries a to d resulting into fracture of the skull. Further according to

the committee, the injuries a, b, c, d, f, g, might have been caused by sharp

cutting object whereas injury No. e, h, i, j, might have been caused by hard and

blunt object. External injury (b) corresponds to internal injury (f). Accordingly the

Committee accorded its opinion under report (Exh. 405).

-:- DB 3. -:_

..........

45. Further from the perusal of the statement of Dr. Jinturkar, it will find

that in the same way and manner, the photographs of body No. 3 were also taken

defining the description of every bone alongwith key and the photographs have

been marked as DB-3/C to K whereas key is marked at Exh. 406. Further

according to the Committee, body No. 3 was of human male, aged about 25 to 45

who died about 6 months before the examination and the following injuries were

found on the person of DB-3:-

(a) Left styloid process broken.

(b) A linear fracture extending for right external acaustic meatus

towards right parietal eminence seen,about 3 in length.

( c) Two linear fractures each measuring 3 found extending from leftexternal acaustic meatus upwards and towards the left parietal


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eminence.

(d) A circular hole measuring about 1/4 in diameter seen manubriumsterni,the margins on the anterior side were even and inverted withevidence of linear fracture of surrounding bony portion, evidence

of scorching and charring all around margins at the posterior portion it showed evidence of carbon deposition and charring with everted punchout margins, the track was oblique.

(e) Another circular hole about 1/2 in diameter seen to the right of junction of upper 2/3 with lower 1/3 of the body of sternum, margins were inverted and showed minimal evidence of scorching and blackening at the posterior part the margins were inverted.

(f) Right lower 1/3 part of the body of the sternum was broken from the rest of the body.

(g) Left clavicle broken at the junction of medial 1/3 with the lateral2/3.

(h) Left scapula showed two holes each of 1 diameter just below the spine with linear extensions.

46. According to the Committee, all these injuries were ante mortem and

probable cause of death was fire arm injury to chest and fractures of skull leading

to head injury. Injury Nos. d and e were caused by fire arm and rest by hard and

blunt object. The photographs-Court Art. DB-3-I and DB3-J are that of sternum

taken from both sides showing the firearm injury whereas photograph DB-K is of

collar bone and scapula of left shoulder. The bone of scapula shown fire arm

injury. Accordingly, the Committee submitted the report under the signatures of

the members of the Committee at Exh. 407.

-:- DB- 4. -:-

..........

47. The photographs of Body No. 4 alongwith description of bones are the

Court Art. DB-4C to K whereas the key is marked at Exh. 408. On examination of

the body No. 4, the Committee opined that it was dead body of human male aging

25 to 45 died prior to 6 months before examination and following injuries were

found on the person of DB-4 :-

(a) Both the styloid processes are broken.

(b) A linear fracture 2 in length extending from the right supra mastoid crest upwards towards parietal eminence.

Left upper half of the manubrium broken, it is broken in L shaped manner, broken edges show reddish infiltration staining


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more marked at the upper portion.

(d) Right coracoid process of scapula broken, e-o reddish infiltration staining present.

(e) Left ulna lower end broken, edges sharp infiltration staining

present.

(f) right radius styloid process broken.

(g) right tibia medical mallelous missing e/o gnawing marks present.

(h) right fibula lateral aspect of the lateral malleolus showed e/o gnawing.

(i) left fibula lateral mallelous missing, e/o gnawing present.

48. The Committee has opined that all injuries a to f were ante mortem

and the injury g, h, i are post mortem injuries. All ante mortem injuries can be

caused by hard and blunt object. The cause of death was head injury due to

fracture of skull bone with blunt thoraic trauma associated with multiple ante

mortem fracture. Accordingly, the Committee submitted its report at Exh. 409.

-:- DB- 5 -:-

............

49. Finally Dr.Jinturkar has added that those photographs of Body No. 5

were taken after following due procedure and those photographs are DB-5E to J

whereas key has been admitted in evidence at Exh. 410. On examination of the

body, the skeleton,it was found that it was a body of human male between 25 to

45. The death occurred six months prior to the examination and following injuries

were found on the skeleton:

(a) Right styloid process broken.

(b) Small linear fracture measuring 3 in length with e/o infiltrationstaining seen over the right side of the frontal bone extending from

supra orbital margin upwards and straight backwards showing infiltrating staining

( c) Small linear fracture measuring 4 in length with e/o infiltration staining seen over the left side of the frontal bone extending from

suptraorbital margin upwards and straight backwards.

(d) A sharp linear injury about 1 in length present behind the junction of medical wall and roof of right orbit with e/o infiltration staining.

(e) Left fibula broken in two pieces, edges are sharp.


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(f) A sharp linear injury measuring about 1 and lying just to the left of the midline seen over the lower segment of the sternum, e/o.

Infiltration staining seen, the injury is more marked at the backportion.

50. Injuries a to f, according to the Committee, can be caused by hard andblunt object and cause of death, is head injury due to fracture of the skull bone

with blunt thorasic trauma associated with multiple fracture. Accordingly, the

Committee recorded its opinion in the report and it is at Exh. 411.

51. Dr. Jinturkar has been cross-examined at length by the defence.

Dr.Jinturkar in his cross-examination has admitted the fact that he did not

supply the copies of all the documents to the Investigating Officer as the

Investigating Officer had asked only for reports on certain points. He also has

clarified that he has produced photographs taken by the committee though they

were not sought by the I. O. as the photographs were covering salient aspects and

those aspects were helpful for the I.O. and the Court for further reference. It is

also in his cross-examination that the Committee compared the bodies alongwith

the inquest panchanama and post mortem report of each body and also admitted

that some discrepancies in the description of the dead bodies in the inquest

panchanama and the notes in post mortem report were noticed against the actualbodies received.

52. He found all the bones of body No. 1 except xiphoid process from

sternum, all carpal bone of terminal row except right lunet of both the hands. He

also admitted that all distal bones except right capitate, five phylanges out of 14,

left patela, left clavicular bone of torsal bone, left lateral cuneiform and medical

cuneiform of both the sides of foot were missing. All metatarsal bones except first

left and right metatarsal bones were missing. There are 116 bones in two palms

and two feet, eight bones of two palms and 39 bones of two feet of body No. 1 were

missing. He also has admitted that in P. M. Notes of body No. 1 as Thyorid

cartilges are missing and infact hyoid bones were also missing. His further cross-

examination reveals that soft tissues of body No. 1 were not present. It is also in

his cross-examination that injury on sternum shown in the report at 6-F (Exh.

403) is not shown in P. M. Note of body No. 1 at Exh. 136.

53. He also admitted that injury noted by him at 6(E) as breaking of 5th

vertebrae of lumber is not shown in P. M. Note and breaking of cervical 7th

vertebrae i. e. 6-D is not noted in P. M. note as broken injury. Injury at 6-A


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It is also in his evidence that in case of blows of iron bar at the time of impact,

there will be associate of the covering of brain and brain matter about such injury.

He has admitted that since no brain matter was available, he could not ascertain

whether the injury on the head were counter coup injuries or not and as

such,such injuries can not be ruled out caused by fall. However, he has added

that additional injuries caused to cervical vertebrae could not be caused by fall.

56. His cross-examination indicates that he has conceded that it was an

omission on his part that he has not mentioned in his reply to the Investigating

Officer, and Civil Surgeon in what condition the bodies were received by him. He

has not noted receiving of dead bodies in sealed and packed condition. The bodies

were in boxes of different sizes. Those boxes were not appearing to be specially

prepared for carrying the bodies since the boxes were of different size. It is in his

cross-examination that in all on three occasions he opened the boxes during the

course of examination. He has admitted that he has not seen his reasoning part

alongwith report or subsequent report. Thus all along the witness was cross-

examined on the point that there is no positive evidence indicating that the bodies

were received in an intact and sealed condition. The seals present on the boxes

were not checked or compared with the seals present on the covering letter and so

on. But the fact remains that almost 9 bodies were in the form of skeleton and it

is in the evidence of the carrier Constables and Medical Officer, Oros, that the

boxes were sent with the seals. Thus mere absence of mentioning the aforesaid

fact in the reply letter or report, does not make the entire report unreliable. It is

unless the positive signs have been shown to establish that thereby the great

prejudice has been caused to the right of defence, such irregularities can not be

given undue weightage. However, the possible care is to be taken while carrying

out such parts of the human organs but the facts on record warrant that wherever

there was discrepancy, Miraj Medical College has informed the said fact either to

S. P., Sindhudurg or Civil Surgeon, Oros. Thus even though it is assumed for the

moment that there was certain discrepancies and irregularities, yet that will not

prove fatal to the case of prosecution since no prejudice has been caused to the

defence.

57. Thus on considering the aforesaid reports submitted by Dr. Jinturkar

Committee, it can safely be said that the cause of death of DB-2, 3, 4, and 5 was

brutal assault. Further the evidence led by the Committee ultimately warrant that

it was case of culpable homicide amounting to murder.


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58. Thus it is established to the satisfaction of the Court that the death of

victims is not accidental death, suicidal death but it is homicidal death. But the

mere fact that the deceased died of homicidal death will not be sufficient to jump

to the hasty conclusion that the same has been caused by the present accused.

Had there been ocular evidence, the matter would have been considered on

different footing. But this is a case founded on circumstantial evidence and as

such, now identification of the dead bodies is also one of the important factor to

complete the chain of circumstantial evidence because once it is established to the

satisfaction of the Court that the dead bodies have been duly identified, then other

circumstances like conduct of the accused, modus operandi of the accused, theory

of last seen together and the wrongful gains acquired by the accused, are the

material parts so as to establish the complete chain of circumstances unerringly

pointed to the accused and accused alone as the culprits.

-:- Conduct of the Accused -:_

............

59. The prosecution has also examined PW-4-Smita Korgaonkar but the

object of examination of this witness is not to establish the incident of murders

which took place in Sept.,2003, October, 2003 and November, 2003 but the object

of examination of this witness was to establish that she is very close to accused

No.1 since she brought up accused No. 1 alongwith Sachin, PW-5 as she is wife of

accused 7. It is established from the statement of witness-Smita that even she

was a relative of Korgaonkar family in the sense that accused No.7 is son of sister

of her father. The witness has furnished in detail about the stay of accused 1, 2,

and 3 at her home at the time of Ganesh Festival, Dashahara, Bhaubij of 2003

and fair of Lord Girioba around 14.11.03. It is established from her statement that

in past, the accused 1 was visiting her house at the time of Ganesh Festival but in

2003, the accused visited her house on aforesaid four occasions alongwith friends,

girl friends, and what is more important is that during the stay, the aforesaid

accused were always going to plateau of Nandos. It is also in her evidence that

while proceeding to plateau of Nandos, the accused were carrying various weapons

like steel rod, guns, country made revolvers under the pretext that they are going

for the purpose of hunting. It is also in her evidence that whenever they came

down the plateau of Nandos, they were found drenched with soil, and stains

though it was not a rainy season and they were taking bath by going to the well

asking her to wash the clothes and then entering the house.


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60. The witness has been thoroughly cross-examined and she has been

contradicted on many aspects but it is to be noted that despite the aforesaid

omissions and contradictions, the prosecution has succeeded in establishing the

fact that there is absolutely no reason to disbelieve the statement of this witness

since the witness has deposed firmly, and boldly before the Court against her own

relatives and loved one. She is claiming that her husband-accused No. 7 has not

committed the crime and he was not party to the crime but she was asking her

husband about repeated visits of accused No. 1, his associates to the house. True

it is that there are certain contradictions, omissions and improvements in the

statement of the witness, but they can not be said to be major in the nature and

suffice it would be to say that such minor contradictions and omissions ultimately

strengthened the case of prosecution than weakening the same; because otherwise

the statements would have found to be tutored one had there been no

contradiction, omission, or admission. It is needless to state that the witness is

rustic lady. Barring the date of fair of Lord Giroba, the witness was not in a

position to state other dates but all other times, she has placed reliance on the

Hindu festivals to locate the date when the accused No.. 1 and his associates came

and stayed at the house of Accused 7. Thus on considering the statement of

witness-Smita Korgaonkar in its entirety, I conclude that the prosecution has

achieved the object and proved beyond the reasonable doubt that accused 1 and

his associates had visited the house of accused 7 in Sept.,October, and November,

2003 at the time of Ganesh festivals, Dashhara, immediately after Deepavali on

the date of Bhaubij and at the time of village fair of Lord Giroba.

61. On behalf of the defence, it has been submitted that witness-Smita

Korgaonkar is rank lier and she should not be trusted for the reasons that she has

not deposed anything against accused No.7 and secondly she has stated nothing

about the weapons allegedly recovered from the said house at the instance of

accused Nos. 1 and 7. True it is that the witness has not stated anything about

her husband-A- 7 and not stated anything about the weapons hidden on the loft

though it was to her knowledge. But it is to be noted that it is a general practice,

the witnesses are interrogated by the police and the only answers of the witnesses

are recorded. Thus hardly there is chance to the witness to state the facts at his

or her own. Thus it may be that the witness may not have been asked about the

said fact and hence, she might not have disclosed the same to the police. Hence,

for such flimsy reasons, the statement of the witness, can not be discarded. Here

it is to be noted that while appreciating the evidence in criminal proceedings, the


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rule ofFalsus in Unocan not be applied in toto and the Criminal Courts in India

have to separate the chaff and select the grain. Further more, it is to be noted that

while appreciating the evidence of a witness, his/her education, culture, strata of

the society from which the witness hails, the power of the witness to recollect the

memory and more particularly the power to express the things recollected, are the

factors for consideration and thus for want of one or the other reason, statement of

witness, can not be discarded. The exaggerated portions are to be wiped out and

the statement which has been duly proved the corroborated has to be accepted.

62. The case of the prosecution is that the third episode of murder took

place somewhere on or about 13.11. or 14.11.03. In this light, now from the

perusal of statement of PW-4-Smita , it will find that according to her on12.11. at

about 7 a. m., the accused No. 1, his second wife-Sonali, accused No. 3-Yogesh,

and Mahesh, came to her house by auto rickshaw. At the relevant time, there

was village fair of Lord Giroba celebrated in Nandos. The main village fair was

on14th November. It is in her statement that besides usual luggage, A-1 had

brought a gunny bag containing roses and one black plastic sheet. Further it is in

her statement that at about 6.30 a. m., A-1 scolded Trupti, the other daughter of

Smita when she took one of the rose flower and on enquiry, replied that those

flowers have been brought to adorn Palakhi of Lord Giroba. The witness has

clarified that A-1 has ever brought flowers for Lord Giroba in past. Further it is in

her chief examination that on next i. e. on 13.11.03, she saw the accused 3 and 5

went in the direction of Gadhi with rose flowers and one plastic sheet in a basket

of PW-4-Smita and on enquiry, Yogesh-A. 3 replied that they were taking flowers to

clean them in moon light. Again it is in her evidence that after some time, A-3-

Yogesh and Mahesh were seen with A-1 coming downwards from Gadhi without

the basket and hence, PW-4 enquired with them about her basket and again

Yogesh replied that the basket has been kept by him and he will return the same

on the next day.

63. Thus here it will find that A-2 was not accompanying A-1, A-3 and A-5

and the witness has added that on the next day A-1 went to Katta in order to

receive Dipika, the daughter of PW-4-Smita who was returning from Bombay with

A-2. As against that, it is in the evidence that A-1 received Dipika and A-2 directly

proceeded by the same bus to Malwan with four other persons inclusive of a

woman and two kids. It is in her evidence that on 14.11., A-1, A-3, A-5 left her

house at 10 a. m. and returned at about 3.30 p. m. and before entering the house,

they went to the well and took bath. It was the day of village fair. At about 9.30


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p.m, A-1, Sonali, A-3 went to attend the fair of Lord Giroba whereas A-2 and A-5

slept in the house. Witness-Smita, her husband and children went to fair in the

midnight at 12 O'clock. They also attended the Palakhi and they noted that Palkhi

was not adorned with flowers of roses.

64. As against that, from the perusal of PW-5-Sachin Manohar,below Exh.

70, para 9, it will find that he also has affirmed the fact that two days' before the

village fair of Lord Giroba, A-1, A-3, A-5, and Sonali, the second wife of A-1, came

to Katta at 7.30 a. m. by the bus and in addition to the usual luggage, A-1 was

having gunny bag containing roses. Even from the perusal of the statement of

PW-75-Santosh Yadav at Exh. 390, it will find that he also affirmed the aforesaid

fact. As against that, from the perusal of panchaama of spot of offence and the

place allegedly shown by A-1 as the place where the demonstration of shower of

money, was conducted, it will find that the Investigating Officer has affirmed that

petals of roses were found on the said spot. Thus the aforesaid fact also throws

sufficient light on the conduct of the accused.

65. In addition to the Smita Korgaonkar, the prosecution has also

examined one more witness-Santosh Mohan Yadav (Exh. 390). Here it is to be

noted that the reasons recorded to accept the statement of Smita Korgaonkar, can

be aptly applied to the statement of Santosh Yadav. The object of the prosecution

to examine this witness is to establish the facts that:-

(i) Accused Nos. 1 to 3 and 5 were frequently visiting the house of A-7 during Sept., 2003 to December, 2003.

(ii) During this stay, accused Nos. 1 to 3 collected the guns from

accused No. 4-Tanaji Gavade and one Shekhar Masurkar.

(iii) The accused were repeatedly visiting plateau of Nandos with guns, swords, iron rods, under the pretext of hunting but they never brought any prey to the home of A-7 allegedly hunted by them.

66. Here it is to be noted that the witness-Santosh has narrated the very

facts which have been narrated by Smita Korgaonkar. Witness-Santosh was

brought up by A-7 and PW-4 since his childhood on account of poverty of his

parents. He had love and affection in PW-4-Smita to whom he was calling Kaki and

A-7 to whom he was calling Baba. Thus Santosh was treated like son in the family

and Santosh was assisting PW-4 and A-7 in household work as well in agricultural

work. At the time of recording his statement in the Court,Santosh was 18 year's of


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his age. Police recorded his statement as well as referred him to Judicial

Magistrate to record his statement under section 164 of Cr. P. C.. Witness-

Santosh has affirmed the fact that the accused Nos. 1, 2, 3 and Sonali, the second

wife of A-1, as well Punam, fiancy of A-2, visited the house of A-5 at the time of

Ganesh Festival whereas on the 2nd and 3rd occasion at the time of Dashahara and

Bhaubij, the accused 1, 2, and 3 were present in the house. He has affirmed that

A-1, 2, 3 and 5 had been to Nandos at the time of fair of Lord Giroba. It is also in

the statement of the witness that the accused No. 1 and 3 brought guns from

Chandrashekhar Masurkar and Gavade, accused No. 4 as well as brought country

made revolvers. Accused 1 cut the barrels of the gun and made the gun short.

67. As against that, the witness has been cross-examined at length for

around 29 pages. But after considering the entire cross-examination of the

witness, it can safely be said that the witness has stood satisfactorily to the

searching cross-examination. In his statement before the Court, the witness has

categorically said that A-1 left the house of A-5, went to Mumbai, learnt the auto

rickshaw driving and the witness learnt that accused 1 has been driving auto

rickshaw in Mumbai. But according to him, he noticed the change in Santosh-A-1

since Santosh-A-1 was wearing 3 to 4 rings of gold, chain of gold and was also

maintaining mobile set and his clothes were of better quality. According to the

witness, when PW-4 asked about it to A-1, A-1 replied that he has started the

business of travelling in the name of Nikita Travels.

68. The witness has also affirmed the fact that A-2, and A-3, and A-5 were

visiting the house of A-7. He has also furnished details in respect to the visits of

the accused to the plateau of Nandos in Sept. during Ganapati festival, in October

during Dashahara and in November during Bhaubij and at the time of village fair

of Lord Giroba. He has also deposed that he saw the accused while going to

plateau of Nandos with full pants and returning with half pants. He also has

narrated that on the last occasion, the jacket which was on the person of A-1 while

going to the plateau was tied around the waist of A-5 while coming down the

hillock. It is also in his cross-examination that the accused after coming from the

plateau of Nandos were taking bath by going to the well. It is also in his statement

that after the last episode, all accused left for Mumbai in batches and 4 to 5 days

after departure of A-1 and Sonali from Nandos, a son of Bhatjikaka, gave message

to A-7 that A-7 has been asked to give call to A-1. Accordingly, on the very day in

the evening, A-7 and PW-4 had gone to Katta for calling to A-1 and witness learnt


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and brother of witness-Satish brought Santosh and Sachin to Nandos for

maintaining them. It is also in his evidence that his one elder brother-Shivaram is

Security Supervisor at Malad. The other elder brother is Head Constable in

Bombay police and the witness was dealing in tourist business. He was

maintaining one Tata Sumo, and it was given on contract basis right from 1987.

Besides Tata Sumo, witness was maintaining his auto rickshaws and he disposed

off those auto rickshaws in 2000.

72. Further, according to him, in 2003 he purchased 2nd hand Tata Sumo,

it was blue in colour having registration No. MH-03-AH-8524 and the same has

been provided on contract basis to Internet Global at Malad. It has been

established from his statement that since accused 1 had failed in 5th standard, he

was taking cattle for grazing. Therefore, he brought him to Mumbai, provided to

take training of auto rickshaw driving and thereafter A-1 obtained sum of Rs.

25000/- from Arjun Chavan, his uncle and the witness assisted accused 1 in

purchasing second hand rickshaw. Gajanan More, the father-in-law of witness

was also serving as Police Constable. A love affair was developed between the

daughter of Gajanan More and accused 1 and thus in 1996, accused 1 and Sujata

More married without information to the witness-Satish as the wife of Satish was

sister of Sujata More. After marriage, A-1 and Sujata stayed in his house for ten

months and then started residing separate adjoining to the property of Gajanan

More, the father-in-law of accused 1 and witness-Satish. It is in his statement

that accused 1 was visiting his house when accused 5 was shifting to Mumbai

since he was suffering from piles and at the relevant time, A-1 told the witness

that he has started plastic company at Vasai and dealing in scraps as wholesaler.

73. According to the witness, thereafter he had an occasion to go to

Nandos and at the relevant time, accused 1, and his wife-Sujata and daughter

were accompanying him in his Tata Sumo and at that time, Santosh was wearing

two gold chains, 4 gold rings and gold bracelet. He was also having a mobile.

They resided at Nandos for 15 days. Accused 1 was maintaining Nokia cell phone

white in colour and his mobile No. 9820963798. The witness has claimed that

Court Art. V is cell phone of A-1. Further it is in his statement that from July,

2003, he provided his Tata Sumo to Internet Global.

74. In August, 2003, A-1 disclosed him that he wants to purchase Tata

Sumo and the witness told him to go for second hand Tata Sumo by visiting an


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agent at Ghatkopar. Hence, on 24th August, 2003, witness took Accused 1 to

Vimal Kapur at Ghatkopar. A-2 and A-3 were also accompanying A-1. The A-1

approved one Tata Sumo MH-04-As-46. It was white in colour. The price was

agreed to Rs. 2,60,000/-. Santosh paid advance of Rs.10000/- and agent asked

Santosh to bring documents of residence for the purpose of transfer and 4 days

thereafter A-1, A-2, A-3 as well witness- Satish went to the agent. Santosh paid

cash ofRs. 85000/- and the balance amount was raised through loan and at the

instructions of A-1, the papers of the car were made in the name of A-2.

75. On 30.8.03 Santosh told him that he wanted to go to Nandos for

Ganesh festival and since his car was was to be repaired, the witness should

provide his car to him and witness should get repaired his car and use it in place

of his car for some days. Accordingly, witness-Satish provided his Tata Sumo to

the accused to visit Nandos and it was blue Sumo. Accordingly, the arrangement

was made and then the witness received a phone call from A-5 that A-1 had been

to Nandos alongwith his two friends Yogesh and Amit and two girls, and one of

them was newly married wife of A-1. For about 10 days after Ganesh Festival,

Santosh returned to Mumbai and delivered Tata Sumo to witness and requested to

arrange his car on hire contract. Accordingly, witness-Satish arranged for hiring

the car with the same company on monthly charges of Rs. 26000/-. The contract

was made in the name of Satish.

76. Again on 23rd Sept., A-1 came to him and asked that he intends to go

to Goa and he is in need of car. Hence, witness brought his car from the Company

and provided his car to the Company in place of Car of Santosh. On 24.09. A-1,

and A-2, visited the house of witness and took the car and again returned the car

on 28.9..

77. According to the witness, in December, 2003, Sujata, wife of A-1,

informed him about the arrest of A-1 by Washi Police in connection with missing of

4 persons and after enquiry, Washi police released Accused 1 and thereafter

accused 1 lost his father. Hence, A-1 took the car of the witness and visited

Humarmala, Pandur for performing last rites of his father. According to the

witness, on 18.12.03, the witness, his brothers-Vilas, Shivaram and sister-Mangal

(Smita Gavade), Sujata-the first wife of accused No. 1 came to Nandos on account

of death of father of A-1 and performed the rites and ceremonies at Humarmala

and barring A-1 and his wives, all returned to Nandos. After completion of


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O. that the accused No. 1 had regular income by hiring his Sumo to the Company

and it was around 26000/-.

80. Thus despite omission in the statement of witness-Satish, it hardly

makes any difference since it has been proved to the satisfaction of the Court that

MH-04/AS-46 was purchased by accused 1 in the name of A-2 and it was plying

for Internet Global Company. It is also appearing from the statement of witness

that the incident of demand of car made by A-1 on 23.9.03 and accordingly

making arrangement of the car to A-1, and return of the said car by A-1 on 28.9. is

also not present in the statement of the witness. However, the aforesaid omissions

are not material and are not worth to be considered. It is in his statement that he

was under mental stress on account of arrest of A-1 and A-7 but has denied that

MH-04/AS-46 was purchased by him by his own money in the name of A-2. Thus

this is the cross-examination of the witness as it ultimately warrant that the

prosecution has succeeded in establishing the fact that the vehicle in question was

purchased by A-1 in August, 2003 and the accused had hired the said vehicle to

Internet Global Company and was using the vehicle of witness-Satish as and when

needed and thus at the time of Ganesh festival blue vehicle of witness-Satish was

brought to Nandos as these facts are duly established from the statements of PW-

4-Smita Korgaonkar, PW-5-Sachin Chavan, PW-34-Satish Korgaonkar and PW-75-

Sindhudurg Multiple Murder Case Sessions Court Judgement-Death Sentence

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Transcript of Sindhudurg Multiple Murder Case Sessions Court Judgement-Death Sentence