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Received on

Registered on
Decided on
Duration

:-10.02.2005.
:- 10.02.2005.
:- 26.05.2009.
:- 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/ThroughMadhav Prabhakar PrabhuKhanolkar, Dy. S.P., S.D.P.O.
Office, Kankavali,

)
)......... Complainant.
)
)
)

-:- 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.

.. 2 ..
-:_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.

.. 3 ..
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

.. 4 ..
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---

.. 5 ..
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 :-:- Findings -:-

-:- Points -:-

(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- )

.. 6 ..
-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.

.. 7 ..
-:- 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 of Jaharlal
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,

Bank

Officers

and

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

.. 8 ..
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.

.. 9 ..
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

.. 10 ..
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.

.. 11 ..

-:- 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

.. 12 ..
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 of
Nandos to Civil Hospital Oros.
23.

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

.. 13 ..
that he conducted post mortem of DB No. 2. From the perusal of his statement
below Exh. 149, it will find that on 21.12.03 constable Rane B. No. 624 brought
one dead body described as DB-2 at the instance of PSI, Vengurla for the purpose
of post mortem and after conducting the autopsy, he found that it was a dead
body of male aging around 30 to 60.

A full pant of dark blue colour, with

signature casual marking on back with metalic belt, with metalic buckle with label
Green World, yellow coloured waist full size and sando banian, were present on
the body. The clothes were stained with blood. There was one metal ring with
white top in the right hand ring finger. Roboc shoe only to the left foot 7 in size.
Lower and central and lateral incisors were missing No opinion can be expressed
by the Medical Officer since the body was mummified.

The body was heavily

decomposed with minimal soft autolite tissues and skin. The bones were exposed.
The body was almost skeletonized. There was some tissue on skin and trunk and
part of upper extrimities. Adherent is underlying skeleton. The eye balls were
missing. In addition, the Medical Officer noticed following injuries on the surface.
(i) Incised wound on scalp. (i) On the vertex in midline of size 1.1/2 X
bone deep spindle shape with everted edges.
(ii)On right parietal area size 2 X 1 by bone deep spindle shaped
with everted edges. Mark of sharp object on skull seen.
(iii) Right parietal area 3 above right ear size. 2 X 1.1/2 bone deep.
Spindle shape with everted edges.
(iv) Right martoid area (1 behind right ear). Size 1.1/2 X bone
deep. Spindle shaped with everted edges.
24.

Those were all antemortem injuries. The Medical Officer also found

mark of sharp object on the skull on injury No. 2 but no evidence of fracture was
present. The brain matter was missing. In the rib cage only heart and liver were
found. Bones were almost decomposed. Other soft tissue organs were missing.
The abdominal cavity was found empty. The stomach and intestine were missing.
Liver was congested and in decomposed state. Spleen and kidney were not found.
The probable time of death was more than one month from the date of post
mortem.

The viscera was preserved of liver and heart, skin and hair and nail.

Further with some other details, the medical officer opined that the exact cause of
death can not be given but the ante mortem injuries found on the scalp might
have bleed profusedly and the patient might have died of haemorrahagic shock
and the patient might have died of head injury itself. The post mortem report is at
Exh. 150 and 151 since the same is coupled with the additional information. It is

.. 14 ..
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 seen
from 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

.. 15 ..
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

.. 16 ..
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

.. 17 ..
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

.. 18 ..
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

.. 19 ..
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. DB5-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.

.. 20 ..
-:- Forensic Chemical Examination. -:............
37.

To establish the fact that the dead bodies found were murdered, the

prosecution has also placed reliance on the statement of the report of Committee
formed under the Chairmanship of Dr. Jinturkar.
38.

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

Exh. 393(PW-76), the Chair Person of the Committee, formed to determine the
probable cause of the death, it will find that in his chief-examination, a Professor
in Forensic Medicines, has cleared the fact that the dead body Nos. 1 to 7 were
sent to College on 23.12.03 in the evening at 6.05 p. m. and only after receipt of
fax from S. P., Sindhudurg on 24.12.03, the Committee accepted the bodies and
started other formalities just after midnight and thus the dead bodies were
accepted in early hours of 24.12. and after midnight of 23.12.

It is also

established from his statement that on receipt of 7 bodies in an orderly manner.


On receipt of requisition, the Dean of G. M. C. Miraj College, had a discussion with
him and Dean then formed a Committee of experts on various subjects and
instructed the Committee for acceptance and examination of dead bodies and
giving expert's opinion. Dr. Jinturkar was appointed as a Chairman of the said
Committee and the other members of the Committee were Dr. Vaidya, Professor in
Anatomy, (M. S. in Anatomy), Dr. Vivek Choudhari, Professor of Radiology
Department (M. D. in Radiology), Dr. Mrs. P. P. Patil, Associate Professor in
Pathology, (M. D. in Pathology), Dr. Sampson, Dental Surgeon(M.D.S.).
39.

The dead bodies were then accepted and kept in strong room alongwith

paper cartoon for each body and the cartoons containing dead bodies were duly
sealed and bearing dead body Nos. 1 to 7.

Further he has added that he also

requested S. P., Sindhudurga, to make arrangement for collecting samples of


viscera from respective dead bodies through the Medical Officers who conducted
the autopsies on those dead bodies. Thus on 24.12., 7 Medical Officers from Civil
Hospital, Oros, came to the College for taking samples and every Medical Officer
was provided with sealed cartoons one by one and was asked to take samples from
the dead bodies in presence of the Committee Members. Thereafter again the body
was sealed by the Committee. He also has clarified that the clothes of the dead
bodies and articles found on the dead bodies were also sent alongwith dead bodies
in respective cartoons in separate polythene bag and thus he handed over the
clothes and articles of the dead bodies to P. S. I. Yadav who had accompanied the
Doctors for conducting the tests. Further, according to him, on 26.12., two more

.. 21 ..
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

.. 22 ..
nature of the injuries found on the bones of the victims, now the injuries found on
the dead body Nos. 2 to 5 will have to be seen in order to ascertain whether the
death of DB Nos. 2 to 5 is culpable homicide or otherwise.

-:- D B- 2 -:.........
42.

In this light, the injuries as noted by Dr. Jinturkar and his Committee

in respect to DB-2 needs to be scanned. Before that it is to be noted that the 1photographs of the bones of body No. 2 were taken and at the relevant time, paper
slip showing the body No. 2 was also kept with the respective bones while taking
photographs.

Dr. Jinturkar has affirmed that he was present while taking the

photograph and he also has preserved the negatives of those photographs and had
brought the same into the Court while recording his statement. The description of
bone has also been mentioned on the reversal of the photograph by Dr.Jinturkar.
On the backside of each photograph, the nature of bones of which photograph was
taken and separate key was also written on the photograph as well as the key bear
the signatures of all members of the Committee. The relevant photographs are at
Exhs. DB-2A to DB-2J whereas the key has been admitted in evidence at Exh.104.
43.

Now according to the Committee, DB2 was of human male aging

around 25 to 45.

The person must have died about six months before the

examination and following injuries were found on the dead body.


(a) An obliquely located incised wound over scalp at vertex to the left
from midline by half inch, the anterior portion showed overlying
flap, and the margins were clean cut and swollen, at the posterior
portion, hair bublbs were clean cut,the edges showed dark, redish
infiltration staining,it measured 2 X 1, gaping was apparent.
(b) A vertically placed incised wound over right parietal region,
extending from right parietal eminence and tapering at the posterior
most part, it measured 2.1/2 X 3/4 bone deep, margins clean cut,
hair bulbs clean cut, edges swooeln and dark reddish, evidence of
significant bruising all around the wound, gaping seen.
( c ) An obliquely placed incised wound over right parieto temporal
region, it measured 2.1/2 X 1.1/4 bone deep, margins clean cut,
swollen and bruised, dark, reddish staining seen.
(d) An obliquely placed incised wound at right mastoid region
measuring 1.1/2 X 1/2 muscle deep margins clean cut and
swollen, dark reddish staining at the edges, evidence of gaping
present.

.. 23 ..
(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 vertebrae
broken.
(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 left
external acaustic meatus upwards and towards the left parietal

.. 24 ..
eminence.
(d) A circular hole measuring about 1/4 in diameter seen manubrium
sterni,the margins on the anterior side were even and inverted with
evidence 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 lateral
2/3.
(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

.. 25 ..
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 infiltration
staining 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.

.. 26 ..
(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 back
portion.
50.

Injuries a to f, according to the Committee, can be caused by hard and

blunt 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 actual
bodies 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 crossexamination 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

.. 27 ..
breaking of styloid process is also not mentioned in P. M. notes. Thus it will find
that the report is compared with the post mortem notes drawn by the Medical
Officer at Oros but the fact remains that since the Medical Officer, Oros, could not
record his opinion, the matter was referred to Miraj Medical College for forensic
medical examination and as such, it is clear that the reference of the P. M. notes
drawn by the Medical Officer, at Oros, can not be compared with the examination
conducted by the Committee consisting Dr. Jinturkar.
54.

As against that, during his cross-examination, Dr. Jinturkar has

deposed that he has dealt with the ballistic cases and in case of fire arm injury,
there would be deposit of gun powder residue on cloth and on internal injury at
the place of entry of projectile. In case of fire arm injuries to body Nos. 1, 3 and
10, there was single hole injury to Sternum. He has admitted that in such case, it
can not be opined whether the projectile was pellet or bullet.

He also has

conceded that from the nature of the injury, it can not be opined that what type of
firearm was used and whether it was a shot gun or rifle. He has also admitted
that from the nature of the injury, it can not be opined that what was the range of
the firing and has deposed that configuration of bullet or pellet can not be stated
as in case of close range firing by a shot gun, two vats, cardboard disk and pellets
should be found inside the body. Finally he has admitted that in case of body Nos.
1, 3 and 10 he did not find any exit wound on the skeleton. The Committee did not
make any enquiry with the police about the recovery of cartridges, or pellets near
the spot or around the spot.
55.

He has admitted that as long as bore size can not be determined and

configuration of charge can not be ascertained the weapon can not be


authoritatively related to the injury and he can not positively state that the
injuries found on body Nos. 1, 4 and 10 have been caused by fire arm shown to
him.

On 13.1.04 he removed iliac bone and skin piece of body No. 7 for

examination of fire arm injuries.

These parts were preserved in a sealed and

labelled plastic bag. Finally has conceded the fact that he has not maintained the
record of handing over the same to Anatomical Department and he can not
authoritatively say that the injury to iliac bone and skin piece was caused by fire
arm shown to him in the Court. The injuries, witness has added, found on the
head of body No. 2, are caused by weapon having sharp edge on one side. He has
admitted that in case of tangential blow, there should be a flap injury but has
affirmed that injuries found on the head of body No. 2 is injury caused by sword.

.. 28 ..
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.

.. 29 ..
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.

.. 30 ..
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

.. 31 ..
rule of Falsus in Uno can 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-3Yogesh 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

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

.. 32 ..
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

.. 33 ..
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

.. 34 ..
from PW-4-Smita that A-1 has been caught by Washi police. Further it is in his
statement that on the next day morning Mahesh(A-6 in other cases),came to the
house of A-7, informed about taking custody of A-1 by Washi police and also
informed to remove the cut parts of the guns kept on the loft and to throw away.
It is also in his cross-examination that for about 5 to 6 days thereafter A-1 was
brought to the house of Mahesh by Washi police.
69.

At that time, A-1 learnt about demise of his father in road accident. He

also has affirmed that A-1 was using white mobile. Even in his cross-examination,
the witness has deposed that on every occasion, A-1, A-2, A-3, were bringing the
very suit case and hand-bags and hence,he was acquainted with those articles and
hence, he identified the same in the Court. Further it will find that the witness has
affirmed that A-7 had asked the accused 1, why they have brought 3 guns and two
revolvers when A-7 was holding a licensed gun and PW-4-Smita even did not ask
the accused why they have brought those guns and revolvers. The witness has
added that he also has never find any suspicion in carrying those weapons by
accused. His further cross-examination warrant that there are certain omissions
in the statement of the witness recorded by the Judicial Magistrate under Section
164 of Cr. P.C.. The cross-examination of this witness warrant that he was not in
a position to disclose the month in which the festival of Shimga or Gudhi Padava
occurred and he knows only the months in which Ganesh festival, Ghatsthapana
and Dipavali occur.

On considering the aforesaid facts, it is clear that the

statement of the witness, is admixture of the falsehood and truth. Thus only on
those grounds, the statement of the witness, can not be discarded.
70.

Further after considering the statement of aforesaid these two

witnesses, it can safely be said that at least the prosecution has established the
fact that the accused were frequently visiting the house of A-7 between Sept. to
November, 2003.
71.

In order to prove the conduct of accused No. 1, the prosecution has

also placed reliance on one more close relation of accused 1 and he is witness No.
34-Satish Korgaonkar at Exh. 226.

Satish Korgaonkar is maternal uncle of

accused No. 1. He is brother of accused 7 and he has 3 more elder brothers by


name Shivaram, Vilas, Suryakant, and one younger brother-Arvind. Accused No.
1 is Santosh his son of his eldest sister-Laxmi. Laxmi had two sons-Santosh, the
elder, Sachin, the younger. Since parents of Santosh were poor, Suryakant-A-7,

.. 35 ..
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

.. 36 ..
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 of Rs. 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

.. 37 ..
religious programme the witness left Humarmala on 20th December at 5.30 p. m.
with Santosh and his wives. On the way back to Nandos, witness learnt from Daji
Gavade about the dead bodies found on the plateau of Nandos and visits of police
to the plateau and the witness told to his brother-Vilas (police) that this might be
work of Santosh-A-1. Vilas also affirmed the said fact since A-1 was arrested by
Washi Police. At about 7.30 p. m., all brothers and accused 1 were present in the
courtyard and witness opened the subject of dead bodies found on the plateau of
Nandos and he noticed that accused No. 1 was frightened.
78..

On 21.12.witness-Satish asked accused just to go to the plateau and

to see the dead bodies and even at that time, the witness noticed that accused No.
1 was frightened and he was behaving in disturbed state of mind. At about 6.30 p.
m. on the very day,he told the witness that if anything goes wrong with him,
witness Satish should save him. The witness asked him exactly what the accused
intends to say but A-1 did not say anything. On the very night at about 8.30 p.m.,
police jeep came to the house of A-7 and by seeing the police jeep,Santosh ran
inside the house towards backside and was trying to hide himself on the loft.
Then police gave him call by his name and witness told him that police are calling
him. The accused came out and the police took him to the Police Station.
79.

Thus this is the sum and substance of the chief examination of the

witness and it will find that the witness has been examined only in order to throw
light on the conduct of A-1. The material portion of the statement of this witness
is that he helped A-1 in purchasing the Tata Sumo in question consideration was
paid by A-1.

The vehicle was registered in the name of A-2 and somewhere in

August, the said vehicle was hired to Internal Global Company at the monthly
rental of 26000/- in the name of PW-34- Satish Korgaonkar. The second material
portion of this witness is the conduct exhibited by this accused No. 1 on hearing
the news of the dead bodies at the plateau of Nandos and the conduct of A-1 when
the police came to the house of A-7 surrounding A-1. The cross-examination of
this witness warrant that the witness has not stated the fact of payment of Rs.
85000/- by A-1 in presence of A-2, and A-3 while purchasing the car. He also has
conceded the fact that A-1 asked the car for him to go to Nandos for Ganesh
festival is also not present in his statement recorded by police and it is also not
present in his statement that MH/04-AS-46 was given on hire to the company at
the instance of A-1.

But it is to be noted that from the perusal of cross-

examination of I. O. Prabhu Khanolkar, it will find that it was suggested to the I.

.. 38 ..
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 PW4-Smita Korgaonkar, PW-5-Sachin Chavan, PW-34-Satish Korgaonkar and PW-75Santosh Yadav.
-:- MODUS OPERANDI -:81.

The case of the prosecution is that initially the accused were

defrauding the people by giving false promises and assurances of recovery from
financial loss etc. on the foundation of charms, black magic and super power.
Thus under this pretext the accused were defrauding the people and extracting
money. However, the accused realized that the said practice can not be continued
for the long time since those get defrauded started taking search of accused for
recovery of their money. Hence, ultimately the accused changed their modus and
thereafter they started giving assurances of multiplying the money by shower of
money and for that end, they started giving address of Malwan. Then they started
taking the victims to Nandos plateau in Malwan Taluka and after extracting the
money, they started killing the victims.
82.

In order to establish the aforesaid fact, the prosecution has examined

witness-Ijaj Desai, witness Jagan Patil as well as witness Bala Lokhande and

.. 39 ..
Dayanand Thorat. From the perusal of the statement of Ijaj Desai at Exh. 128(PW-18), it will find that witness Ijaj Desai was serving in Soudi Arebia from 1993
to 1999 and then he returned to India. His brother-in-law Abdul Rauf was dealing
in sale of nylon soft Bags and later on he started the business of PVC granules at
Vasai. After return, Ijaj was also thinking of starting new business and Abdul Rauf
provided him a tip that the witness should start the business of manufacturing
nylon tubes. Accordingly, the witness attended the workshop of Abdul Rauf for
about one and half month and after acquiring the technique, he joined the
business of Abdul Rauf and also purchased one more extruder machine. Thus the
witness was manufacturing PVC tubes raw material required by Abdul Rauf and
Abdul Rauf was purchasing it from the witness for soft luggages. But in 2000-01
on account of Chianese products, the sale of nylon tubings went down steadily
and the witness and his brother-in-law started sustaining loss.

Hence, the

witness took loan of Rs. 14 lacs from Basin Catholic Bank, Vasai but they could
not repay the dues. Bank issued a notice and thereafter witness and Abdul Rauf
faced problems in serial.
83.

Thus on one hand, there was financial straits and on the other, the

series of problems in manufacturing were faced by both and hence, the witness
told all the aforesaid difficulties to his one more friend-Satishbhai Divecha and one
Raja was visiting the house of Satishbhai and accused 1 started attending the
shop of Divecha with Raja and hence, witness came to know the accused No. 1.
On account of quarrel in 2002, A-1 stopped visiting the shop of Divecha and the
witness learnt from Raja that A-1 was Tantrik, having great spiritual power and
was capable of arranging shower of money by charms and spell. Once again from
February, 2003, A-1 started visiting the shop of Divecha and accused 1 made
enquiry with the witness and Divecha about their problems and then the accused
No. 1 assured that it is not a big thing and with the help of charms and spell from
his uncle, he would handle the situation.
84.

Thus accused No. 1 succeeded in making space in the heart of the

witness and then started deceiving the witness. Initially the accused made a farce
of closing his eyes by sitting on a chair and asked the address of the factory of the
witness and then informed that evil spirits like Devil and Ghost exists in the
factory premise and thus witness requested accused 1 to visit the factory so as to
find out the solution. The accused thus made enroads to the factory and witness
introduced Abdul Rauf with the accused No. 1. The accused No. 1 then took round
to the factory and then told the witness and Abdul Rauf that the place was

.. 40 ..
haunted by Devil and Ghost and that was the cause

for sustaining loss and

advised to perform Satyanarayan pooja in the factory and the witness and Abdul
Rauf paid sum of Rs. 2000/- to 2500/- to accused 1.

The accused then held

Satyanarayan Pooja within 4 to 5 days with the help of one Pujari, one married
woman, two children and one lady. The accused also brought the photographs of
Lord Shankar and Lord Ganesh and Lord Saibaba and asked to light holy lamp to
those photographs but the witness expressed his inability and asked the accused
to do the said things personally. Thus till March, 2003 the accused was visiting
the factory and lighting the lamp and performing the pooja.

According to the

witness, subsequent to Satyanarayan pooja, the losses in the business reduced to


some extent and hence, accused No. 1 acquired confidence of witness and his
brother-in-law-Abdul Rauf and Rauf asked accused 1 to find out any other
solution in order to acquire heavy profit in the business.
85.

Thus the accused get a chance and the accused informed that his

uncle has spiritual power and he can arrange shower of money and the accused
shall call his uncle if Abdul Rauf permits and in reply, the accused said that
expenses of Rs. 60000/- will occur for the same and his uncle will arrange for
shower of money and thus Abdul Rauf can wipe out the debts. Abdul Rauf had
belief in accused1 and on the other, somehow he was intending to come over debt
and he immediately agreed to the proposal and thus by the end of March, the
witness and Abdul Rauf arranged the money and informed the said fact to accused
1 and accused asked them that they should visit factory with cash and he shall
directly visit the factory with his uncle and on the same night. Thereafter Abdul
Rauf, Satishbhai Divecha, Jayantibhai and the witness went to the factory at 9.30
p. m.. Accused 1 also came there in his white Sumo. The accused 1 introduced
his uncle as Ramjikaka and two others Mushtaqbhai and Rajesh and also told that
they were resident of Baroda, Gujrat. Then Rajesh arranged the curtains by using
4 to 5 bed-sheets with the help of rope in the block used by the witness and his
brother-in-law-Abdul Rauf.

Jayantibhai, Satishbhai, Ramjikaka, Mushtaqbhai

and Rajesh as well the accused, sat on one side of curtain and they could not see
the other side of the curtain.

Then accused 1 handed over Rs. 60000/- to

Ramjikaka. Ramjikaka then handed over it to Mushtaqbhai and Rajesh then went
to the backside of curtain and kept money. Ramjikaka then took bottle and told
the witness and others that it contains tonic for Jeen (stranger God) and on
offering the tonic to the Jeen, the spiritual power would assure money on the spot.
Ramjikaka then went backside of the curtain for keeping bottle there and again

.. 41 ..
came to the other side. Ramjikaka lit the oil lamps, one in front of the curtain and
the other backside of the curtain. Then the electric lights were switched off and as
per instructions of Ramjikaka, the witness and all others keep quite and sat on the
other side of the curtain.
86.

Then Ramjikaka sprinkled Rose water in the rectangle saying that it

has to protect the witness and his associates from Jeen and spiritual power.
Thereafter Ramjikaka started enchanting something in unknwon language and
stopped enchanting and slapped his thigh three times. Then there was a loud
ununderstable voice from the backside of the curtain. Then Ramjikaka told the
unknown power that the witness and brother-in-law are in very large trouble and
hence, they should be provided lot of wealth. Thereafter one rose was thrown from
other side of the curtain and Ramjikaka again shouted to the power that the
witness is not in need of flower but the witness is in need of money. Immediately
thereafter many currency notes were thrown from other side of curtain.

Those

notes were in the denomination of Rs. 5/-, 10/-, 20/-, 50/-, and Rs. 100/-.
87.

Thus the incident continued for one and half minute and then A-1,

Rajesh lit the light. Then Ramjikaka instructed to collect the notes. Those notes
were new currency notes.

There were more notes of Rs. 5/- and 10/-.

The

witness collected the cash and found that the amount was Rs. 4000/- to 5000/only. Then Ramjikaka told the witness that he should not worry and once again
he shall call the jeen. Once again the same farce was made and there was a loud
ununderstandable noise. Then Ramjikaka told that one of the person from the
witness side was frightened and hence, there would not be further shower of
money.

Ramjikaka then took the witness and others to the other side of the

curtain where bundle of cloth containing currency notes was kept and Ramjikaka
gave to the witness and all his associates one note as Prasad and asked to take
seats again by going to the other side of the curtain. Ramjikaka then brought one
parcel and handed it over to Abdul Rauf and told that he should take care of
bundle for 41 days and reopen the same after 41 days. Then all left the factory
premise but A-1 remained with the witness and his associates. A-1 assured that
Ramjikaka will come back after 41 days.

Witness then asked A-1 about the

bundle and accused assured that it contains currency notes but same should not
be opened before 41 days.
88.

Thus after 41 days, Ramjikaka, Mushtaqbhai, and Rajesh came to the

.. 42 ..
factory and bundle was opened but no currency notes were found and bundle was
found containing paper cuts and petals of rose flower.

Ramjikaka replied that

dirty woman (woman under menstruation cycle) has touched the bundle and
hence, the papers have not been converted into the currency notes and asked to
throw the said parcel in river water. Once again Ramjikaka, accused 1, assured
Abdul Rauf of shower of money and asked Abdul Rauf to arrange for the amount.
For about 4 to 5 days thereafter, Abdul Rauf arranged money and informed
accused 1. Once again, accused No. 1, Ramjikaka and his associates came to the
factory. They adopted the very method and finally gave a bundle to Abdul Rauf
with the instructions that the bundle should be preserved even from the shadow of
dirty woman and then left the place.
89.

Thus by that time, Abdul Rauf had lost sum of Rs. 1,20,000/- and

once again on opening the bundle after 41 days, it was containing rose flowers and
papers and Ramjikaka told that evil powers in the factory did not permit to
succeed in the work. Hence, Abdul Rauf asked the accused No. 1 to compensate
Rs. 1,20,000/-. Again accused gave false promises and told Abdul Rauf to dig a
ditch in the factory through the labour and on digging ditch, witness and Abdul
Rauf were waiting for accused 1. The accused came late. He kept lemons around
the ditch

and gave one lemon to the witness for his protection and started

enchanting something. Again there was a loud sound. Santosh then rushed to
the witness and asked the witness that whether he heard the sound and Santosh,
accused 1 informed that he made an attempt to remove the evil spirit from the
factory but there would be damage to the life of Nikhat, the daughter of Abdul
Rauf and due to fear, Abdul Rauf asked accused to stop the same.
90.

For about one and half month thereafter, the witness saw Rajesh on

the road and was asking for money for journey to Baroda and also informed him
that his factory has been attached by the Bank and Rajesh assured to assist the
witness.

But asked for money and as such, the witness arranged sum of Rs.

50000/-by taking loan from Jayantibhai.

Rajesh then started insisting for

advance payment and was talking something with two others in Gujrathi as well
as the witness suspected about his integrity and caught him with the threat that
he shall take him to the police and then Rajesh informed that accused 1 has
committed the mischief with the witness and shower of money was fake and one
Mehboob was throwing the money from the backside of the curtain and making
sound from Sumo vehicle. Hence, witness supplied this information to Abdul Rauf

.. 43 ..
and they contacted A-1 on phone and asked him to make good the loss and the
accused No.1 in reply asked to see him at Malwan on S. T. bus stand for getting
the money. But witness insisted the amount in Bombay and the accused did not
pay the amount.
91.

Thus this is the sum and substance of the evidence from his statement

and it will gather from his statement that the accused was making farce of shower
of money with the help of 3 associates known as Ramjikaka, Mushtaqbhai and
Rajesh.

The witness in his cross-examination, has admitted that he has no

documentary evidence to prove the payment of Rs. 60000/- on two occasions and
he refunded Rs. 50000/- to Jayantibhai but there is no documentary evidence to
the same. The witness has been cross-examined in respect to one Hamidbhai as
well in respect to Harshadbhai who was a Maharaj ( a holy person). Further he
also has deposed that he did not feel to lodge a complaint against A-1 with the
police as A-1 gave assurance of repayment of money. Further he has deposed that
Santosh had not assured for refund of money and even the witness has taken for
granted that the money will not be refunded. The witness was suggested that he is
deposing false about payment of Rs. 60000/- to Ramjikaka as well as raising loan
of Rs. 50000/- from Jayantibhai and the witness has denied the suggestions.
92.

The witness has been cross-examined at length.

However, there is

nothing on record to infer that the witness is deposing false. It is also in his
statement that finally he lodged F.I.R. with Vasai police and in the said F.I.R. He
has shown Ramjikaka, Mushtaqbhai and Rajesh as accused and has deposed that
he does not know if police has closed the file. It is also in his statement that A-1
was not financially sound. Further from the perusal of his cross-examination, it
will find that there are certain omissions and the witness has admitted that the
fact of payment of Rs. 2500/- for the purpose of Satyanarayan pooja, the fact of
performance of Satyanarayan pooja in factory premise, the fact that the things
other side of the curtain were not visible, about the fact of a glass bottle containing
tonic to jeen and the procedure that was adopted by Ramjikaka for arranging of
money was disclosed to the police but he does not know why it is not present in
his statement. Thus from the perusal of his statement, it will find that all details
in respect to the procedure adopted as well as the pre and post shower of money
programme, has not been furnished in detail to the police as well before

the

Magistrate. Yet the substance of the contentions raised by the witness should be
considered and on the basis of such minor contradictions, the witness can not be

.. 44 ..
discarded in toto.

What can be taken from the statement of this witness that

accused No. 1 was knowing one Ramjikaka and the accused was extracting
amounts with the help of Ramjikaka and others.

Now, whether person whose

name Ramjikaka was in existence or even he is a fake person, is again a debatable


question and the fact remains that accused 1 was initially adopting such tactics
and extracting money from people.
93.

As against that, from the perusal of the statement of witness-Jagan

Patil at Exh. 115 (PW-14), it will find that even witness Jagan Patil was also made
subject of fraud. It will find that Jagan Patil was running canteen in a Company
in M.I.D.C., Dombivali. He was knowing Bala Pisal, Gurunath Gharat as past coworker.

Bala Pisal told the witness that he knows person by name Santosh

Maharaj who has a spiritual power to multiply money from 3 lacs to 3 crores.
Sachin Pawar and Gurunath Gharat were also present to listen Bala Pisal.
Gurunath then contacted Bala Pisal on mobile and the witness said that he had
no money to invest. Further Bala Pisal had again made over the story and was
insisting the witness for money. Hence, the witness contacted Balu Gadekar, the
grape merchant from Junnar, who provided address of Kerubhai Mali to the
witness.

Hence, witness-Bala Gadekar went to the house of witness at Washi.

Kerubhai Mali, a trader in vegetable market, of Washi, stated that he has only Rs.
1,80,000/- for investment.

The witness made up a ring to Gurunath Gharat.

Gurunath Gharat contacted Bala Pisal and again gave ring to witness and asked to
see the witness at the Tyre shop near Darga at Badalapur. The witness has added
that though Mali had only sum of Rs. 1,80,000/-, he informed Bala Pisal that he
has arranged for Rs. 3 lacs. Then the witness, Kerubhai Mali, Balu Gadekar went
to Badalapur by Sumo arranged by Kerubhai Mali. Bala Pisal, Ramesh Kadam,
Gurunath Gharat, Sachin Pawar, Raju Mahajan were present for said meeting.
Kerubhai shown the bag consisting cash but did not inform that it is only Rs.
1,80,000/-.

But Bala Pisal did not count money and immediately gave ring to

accused 1-Santosh Maharaj from STD booth and informed the witness that
Santosh Maharaj has left for Delhi and the witness and others will have to wait for
2 to 3 days.
94.

Thus it appears that within a day or two once again Bala Pisal visited

the canteen of Jagan Patil, Gurunath Gharat was knowing that Mali has only Rs.
1,80,000/-. Then witness decided to arrange for the balance amount and once
again saw Kerubhai Mali who informed that he has cash of Rs. 2,40,000/- and he

.. 45 ..
may get additional cash in the evening.

But Kerubhai could not arrange for

60000/-and hence witness brought cash of Rs. 10000/- and asked his wife to
send sum of Rs. 10000/- with Somanath Patil and also instructed Somnath Patil
to pledge ornamental gold of Jagan Patil and to raise a loan of Rs. 30000/- and
thus to bring Rs. 40000/-.

Thus witness Jagan Patil undertook to collect Rs.

50000/-. Sachin Patil and Gurunath Gharat paid Rs. 5000/- each.
95.

Thus Rs. 3/- lack was collected and once again the accused No. 1 was

informed by phone and also informed that A-1 should be ready to go to Baroda
with the witnesses for liquid bottle.

Kerubhai then decided to provide a hired

vehicle but before that Kerubhai Mali obtained the signatures of Jagan Patil, Bala
Pisal, Gurunath Gharat, on the blank stamp paper (police Art. 80 and Court Art.
AW). The witness has also added that Kerubhai Mail was rich businessman. He
was wearing chain of gold, wrist watch of Rado make. Then the witness has also
furnished the details of Rado wrist watch.

His further statement warrant that

accordingly witness-Jagan Patil, Bala Gadekar, Ramesh Kadam, Bala Pisal, and
Gurunath Gharat saw accused 1 in one hotel at Borivali and he was accompanied
by accused 2 and 3. A-1 asked the witness to go to Baroda with A-3-Yogesh to
bring the liquid bottle.
96.

Thus witness-Jagan Patil, Balu Gadekar, Gurunath Gharat, Bala Pisal

and accused 3 left for Baroda with driver by Qualis car. It was 20th day of the
month. A-3 took the witness and his associates to the lodge known to him and
accused No. 3 then went out in search of liquid bottle and at 12.30 noon accused
No. 3-Yogesh returned with a person whom he was referring as Chotu. Chotu told
the witness in Hindi that article was not ready and the witness shall get the same
on the next day if not on the same day and demanded advance of Rs. 1 lac. Jagan
Patil paid Rs. 1 lac to Yogesh and Yogesh has paid the same to Chotu who then
left the hotel telling that he would return at 5 to 6 p. m.. Thus at 6 p. m. once
again Yogesh, Chotu and one more person came to the lodge. They gave a small
bottle containing oil type liquid and the witness then paid Rs. 2 lakhs to Yogesh
who then delivered the same to third person and they left the lodge. Within 10 to
15 minutes thereafter, two persons entered the room of lodge claiming to be the
police and under the pretext of search, they recovered the liquid bottle from Bala
Pisal, they poured the oil on the palm of Bala Pisal and threw the bottle out of
window and asked the witness and others to stay there till arrival of police jeep
and left the lodge. Chotu and Yogesh were present in the lodge.

... 46 ..
97.

Thus witness-Jagan Patil and his associates, realized that they have

lost bottle as well money and A-3 then started contacting A-1 and A-1 asked not to
worry and to come back. Thus the witnesses were in the lodge upto 11 p. m. and
no police man came to the lodge. Hence, the witnesses left the lodge at 11 p. m.
and came to Borivali. Accused No. 1 then saw the witness and tried to pacify the
tension and also assured Kerubhai Mali to do the needful within 4 to 8 days. And,
finally accused 1 asked the witness to re-arrange sum of Rs. 3 lakhs only for the
purpose of showing the said amount and it will not be necessary to hand over the
amount. Hence, the witness contacted Ganapatsheth from Tisgaon from Kalyan
who is Cable Operator and is a businessman.

Ganapathsheth assurred for

arrangement of Rs. 3 lacs only for a day for the purpose of showing.
98.

Thus the first episode completes here as the accused Nos. 1 and 3

extracted sum of Rs. 3 lacs by making a farce of liquid bottle, snatching of liquid
bottle, through fake police men and defrauded Jagan Patil and his friends.
99.

The second episode starts with arranging a demo of shower of money

at Malwan and for that the witness-Jagan Patil collected and rearranged Rs. 3
lakhs with the help of Ganapthsheth a Cable Operator. Then the accused Nos. 1
to 3 were informed by witness-Bala Pisal to arrange for bus tickets to go to
Kankavali and accordingly, on the next day, 5 tickets of luxury bus were booked
by A-2 and A-2, witnesses-Jagan Patil, Sachin Pawar, Somnath Patil and Bala
Pisal left Borivali. According to the witness, A-2 had asked witness-Jagan Patil
that he should not visit Kankavali by car but he should visit Kankavali by bus.
However, witness-Jagan Patil and Ganapatsheth started by Lancer Car. WitnessBala Pisal, Somanath Patil, Sachin Pawar were in the bus whereas acused 1, left
by his own car.
100.

Witness-Jagan Patil did not inform the fact to A-2 that he has

proceeded by car but abruptly A-2 came in front of the car when witness-Jagan
Patil and Ganapathsheth were in front of Konkan Plaza Hotel, at Kankavali.
Somnath Patil, Sachin Pawar, Bala Pisal, and A-2 had booked one room and Jagan
Patil and Ganapatsheth joined the same room. A-2 then made a call to A-1 and
then came to the witness and told that Santosh Maharaj has learnt that witness
has brought car and thus the work i. e. the demo of showering of money, will not
be done and once again they should arrange another trip at the time of Bhaubij.
According to the witness, he tried to convince accused No. 2 but it was invain and

.. 47 ..
thus Jagan Patil, Ganapatsheth, and Somnath Patil, returned to Mumbai by
Lancer Car and Bala Pisal and Sachin Pawar returned by bus.

Thereafter it

appears that Rado wrist watch (Court Art. AX) was shown to the witness who
identified the same saying that it belongs to deceased Kerubhai Mali. The witness
was referred with the photograph of victims and without going through the names
written behind the photograph, witness has identified the photograph of Bala
Pisal, sons of Kerubhai Mali, the wife of Kerubhai Mail, and Kerubhai Mali,
marked as Court Arts. AD, C, D, B, and A.
101.

Thus this is the sum and substance of this witness and the second

episode indicates that the accused Nos. 1 and 2 decided not to proceed with the
work since witness Jagan Patil and Ganapatsheth had brought a car with them.
The facts on record warrant that on every occasion whenever the accused were
bringing the victims from Mumbai or Pune, the accused were buying the tickets
and either the accused were disclosing their names or they were giving false names
and they were not disclosing the names of the victims while buying the tickets.
Further it will find that they were not permitting the victims to take the room on
hire in their own name but accused No. 2 was engaging the rooms every time in a
different type like Samir Sonavane, Amit Shenoy and so on. Even the care was
taken to see that the names of victim shall not find in the Lodging Registers. Thus
since the car was brought, the accused were aware that the car will ultimately give
rise to the suspicion and perhaps the cat of the accused will come out of the bag.
Even one more mistake appears to have been done that the room was booked in
the name of Bala Pisal, Amit Shenoy, Somnath Patil in Konkan Plaza. Perhaps
this was one more hurdle in their way and hence, the accused dropped the idea of
extracting the amount since the amount was lying with Jagan Patil and
Ganapatsheth which was kept in the car.
102.

With this backdrop, now from the perusal of the cross-examination of

Jagan Patil, it will find that in the first place all the while it was asked whether
witness has any documentary evidence to establish the collection of Rs.
2,80,000/- from Kerubhai Mali and rest of the amount from witness Jagan Patil,
Sachin Pawar and Gharat. Further it will find that the witness was asked about
the evidence of sum of Rs. 3 lacs allegedly arranged by Ganapathsheth but it is to
be noted that the amount was required for illegal purposes and thus when the
amounts are raised for illegal purposes, naturally the evidence of it is not created.
So there is absolutely no substance in the suggestion and on this ground, the

.. 48 ..
statement of witness can not be disbelieved. Even though it is assumed for the
moment that Jagan Patil, Sachin Pawar, Gurunath Gharat were friends of each
other and victim Bala Pisal was also their friend, still this fact can not lead to the
inference that hence all witnesses from all corners of the State, have made a plot
to involve the accused in a false case. The witnesses are coming from Mumbai,
Pune, Wai, and so on and it will be illogical to infer that all the aforesaid witnesses
are deposing false against the accused.
103.

In order to establish the modus and conduct of the accused, the

prosecution has examined one more witness by way of additional ring and he is
Dayanand Thorat at Exh. 363(PW-69). From the perusal of his statement, it will
find that he is friend of accused 1 in as much as they both were plying auto
rickshaw in Malad area. It also will find that he was also knowing deceased Sarge
as an Estate Agent and witness-Thorat had referred the Estate Agent to accused 1
in respect to some land transaction. Further it will find that in 2000, the witness
noticed changes in accused No. 1 since accused 1 was wearing gold chain, gold
ring, and wrist watch and on enquiry, accused 1 informed that it was on account
of spiritual power in him.

He then took the witness-Thorat to the shop of

Satishbhai Divecha, A. C. repairer to demonstrate his power and sought Rs.


80000/- from Divecha for purchasing Laxmi Dhoop which was according to the
accused 1 necessary for success in multiplying money.

Accordingly, accused

extracted sum of Rs. 80000/- from Divecha and on a night at about 10 p. m.


accused made a shower of money in the shop of Divecha and at the relevant time,
accused played the very role of Ramjibaba in chanting the Mantras etc.. According
to the witness, then accused asked him that the witness should check his luck
and arrange for Rs. 60000/- and assured that he also will work for him. Thus the
witness collected Rs. 60000/- from his brother and paid the same to the wife of
accused 1.
104

Further it is established from his statement that the accused equally

cheated Chandragirisaheb of Kankavali and the witness learnt from Ramesh


Canteenwala that the accused No. 1 is making fool. Further the facts on record
appear that two associates of Ramjibaba were caught by Ramesh Canteenwala and
succeeded in recovering Rs. 60000/- and the witness started claiming Rs. 60000/to accused 1 but invain.
105.

This is the sum and substance of the statement of the witness and it

.. 49 ..
ultimately warrants that whether Ramjibaba was true person or fictitious person,is
not known but initially under the garb of Ramjibaba and later on, accused No. 1
started conducting the play known as shower of money and was extracting
amount from the people by defrauding them.

Dayanand Thorat has been cross-

examined rigorously and it will find that barring minor contradictions, nothing has
really transpired so as to infer that the witness is tutored or he is on cross terms
with accused 1 or for some other reason, he is deposing against accused 1.
106.

The register of Konkan Plaza and the entries present with serial Nos.

912 and 913 from the register(Court Art. BA) and marked portion at Exh. 121 and
122, read with the report of witness-Dipak Wagale(PW-104) at Exh. 599, his report
at exh. 602 accompanied by reasons at Exh. 603, warrant that A-2 has described
himself as Amit Shenoy and had shared a room with Bala Pisal and Sachin Pawar
shared room No. 5 with Somnath Patil under entry Nos. 912 and 913. The report
of witness-Dipak Wagale makes it clear that above-referred 4 names were written
by A-2 in his own handwriting and even the signature made by him as Shenoy
marked with Q-2/4 has been established to be made by A-2. These entries have
been made in the register on 22.10. and thus it will find that the statement of
witness-Jagan Patil has been duly corroborated with the entries in Konkan Plaza
register at Exh. 121 and 122.
107.

Thus the statements of witnesses-Chalke, Jagan Patil, Bala Lokhande

as well Dayanand Thorat, will throw light on the modus operandi of the accused
and it appears that the play gone beyond the control when the persons who have
been defrauded, started chasing accused 1 and then accused changed the modus
and started either taking the victims to Malwan or calling them at Malwan.
.-:- Identification of Dead Bodies -:-

108.

In order to establish the identification of the dead bodies, the

prosecution has relied upon :(i) DNA test conducted by CDFD, Hyderabad.
(ii) Superimposition technique adopted by Expert from the office of
Chemical Analysis, Kalina.
(iii) Evidence of friends, relatives of the deceased.
(iv) The evidence of the independent witnesses.

.. 50 ..
In order to establish the identification of the dead body, the
prosecution has placed reliance on DNA test.

-:- DNA Test -:109.

Now in order to establish the identification, the prosecution has placed

reliance on DNA test conducted by CDFD, Hyderabad. According to the


prosecution,the Medical Officers who performed autopsy on body Nos. 1 to 10 were
recalled by Dr. Jinturkar in Miraj Medical College, Miraj for the purpose of
drawing the samples for viscera as well for referring the sample to DNA test.
Accordingly, the medical officers drawn the samples of bones,tissues etc.. Further
the bone and other parts were filled in separate plastic bag and thereafter those
plastic boxes were filled in a cartoon and it was then brought to Malwan Police
Station. On the other hand, the Investigating Agency called the relatives of the
victims and accordingly, on 2.1.04 and on 3.1.04, the Investigating Officer-Prabhu
Khanolkar issued a letter to Civil Surgeon, Oros requesting him to extract the
samples of blood of 10 relatives on 2.1.04 and 5 relatives on 3.1.04.

Thus it can

be seen from the testimony of Investigating Officer-Prabhu Khanolkar's chief


examination vide paragraph No. 24 and 25.
110.

Witness Prabhu Khanolkar at Exh. 804 and witness Sou. Dipali

Malgaonkar at Exh. 374(PW-71) have furnished the names of the relatives who
were present on 2/1/ namely Dudhe aging around 80, Dudhe aging around 40,
Mr. Chavan and Mr. Pisal aging 40 each, another Mr. Pisal aging 38, Mr. Mali
aging 38, Smt. Mali aging 60 yrs., Mr. Doke aging 30, Mr. Gavare aging 45, and
Mr. Sarge aging 55. Further, according to the aforesaid two witnesses on the next
day persons byname Mr. Chavan, aging 45, Mr. Dhoke aging 27, Mr. Thakre aging
18 to 19, Miss Swati aging 17, Smt. Chavan aging 45 yrs. were referred to her for
the purpose of extracting blood and accordingly, she collected the blood samples of
the aforesaid witnesses.
111.

Sou. Dipali Dilip below Exh. 374 has deposed that she has been

serving as Lab Technician in the Civil Hospital, Oros and it is in her statement
that the blood samples were to be collected in the vials received from Hyderabad
CDFD by using syringes sent by them. Dr. Shirsat, Dr. Shripad Patil, Dr. Rokade,
Police Officers, Dy. S. P. Khanolkar, P. I. Godbole , P. I. Shirtikar, Police Writer,
Pharmacist-Anilkumar Desai and two pancha witnesses Malgaonkar and Rane

.. 51 ..
were present. It is also in her statement that Civil Surgeon-Kulkarni opened the
sealed packet containing vials and forms and another sealed packet containing
syringes in presence of aforesaid persons.

The vials were air tight and were

containing EDTA solution. Thereafter the photographs of the persons whose blood
samples were to be taken, were taken outside the cabin and one by one the person
was sent with the case paper, and witness-Deepali was verifying the name with the
person and was also comparing the name in the case paper. The police then used
to bring the photograph of such person and the witness was verifying the
photograph with the person. The Doctors present there were verifying the M.L.C.
Nos.. The witness-Deepali was then collecting 3 ml. Of blood from vein of such
person. The vial was then duly applied with the screw cap and it was then handed
over to Anilkumar Desai who was affixing the sticking tape over the vial vertically
and horizontally and at the centre. All vials were having paper slips to write down
the name of the person and M.L.C. No.. Thereon Desai was writing the names of
the person on the label of the vial and he was affixing the seal of the Hospital on
the joints of sticking tape.The signatures of two pancha witnesses were taken and
thereafter Prabhu Khanolkar, the I. O. was putting his signature on the top.
112.

Dr. Shripad Patil was filling the forms whose blood samples were

extracted and he was affixing the photograph on the form. Dr. Patil was obtaining
the signatures of the persons whose blood samples were extracted. The form was
also attested by the Attesting witnesses with their signatures and counter-signed
by Dy.S.P. Khanolkar. Thus the forms at Exhs. 330 to 339 were filled in on 2.1.04
and after drawing the samples of relatives of 5 persons on 3.1.04, the forms were
duly filled in by adopting the same procedure and those forms are at Exhs. 341 to
345. The witness has added the list of the persons whose blood samples were
extracted. It is also in her statements that all these vials were kept in the vertical
position in the cardboard box by using cotton balls.

Then sticking tape was

encircled around the box. Seals were also affixed thereon on the joints and they
were signed by the pancha witnesses and Prabhu Khanolkar. The sealed packet
was again wrapped in white paper with the tape affixed vertically and horizontally
around wrapper and the seals of the wrappers were affixed with the tape joint and
the cartoon was numbered as Khoka No. 1 and it was kept in the freezer. Similar
procedure was adopted on the next day while collecting the samples of blood of five
relations and thus on3.1.04 in the evening all the boxes were handed over to the
police by putting those boxes in the vaccine carrier whereas the forms collected
and sealed in the envelopes were forwarded in another sealed envelopes. Thus

.. 52 ..
this is the details stated by Deepali Malgaonkar in respect to the procedure
adopted by her and pancha witness-Uttam Malkar below Exh. 328 has affirmed
the aforesaid facts in his statement before the Court.
113.

In this light, now from the perusal of the Deepali Malgaonkar, it will

find that the witness has admitted that after 8 days, the process of dying the cellls
known as Necrosis begins and therefore, there would not be a good result in cases
of analysis after 8 days. The standardization of the preservative is determined and
the effectiveness of E.D.T.A. is dependent on the mode of storage. She has also
admitted that E.D.T.A. preservative can not be identified by naked eyes.

The

witness inadvertantly has deposed that police has not recorded her statement but
it is a fact that her statement was recorded and hence she came to be examined in
the Court.

The witness has admitted that she was not aware of any special

procedure if required for taking samples of DNA but has affirmed that she has
received directions from CDFD, Hyderabad about the mode of taking samples and
she has admitted that she has not maintained a record of the procedure adopted
by her in taking samples. She has affirmed that she had received a letter from
CDFD, Hyderabad and denied that she has not received any letter issuing
guidelines. It is in her evidence that the police did not obtain her signature on the
relevant day and is in her cross-examination that one police and 3 Doctors were
doing the work of writing, one Medical Officer was maintaining the case paper and
thus the work of filling the forms were divided between 3 Doctors. .
114.

It is also in her statement that contaminated syringe affects the result

and has affirmed that she does not know what was done with the wrappers on the
syringes and the cardboard box and the packets in which the syringes were
forwarded to the Hospital. Thus this is the cross-examination of the witness taken
at length and after going through the entire rigorous cross-examination, it will find
that there is absolutely nothing on record to infer that either the witness is
deposing false or that the witness has been influenced by the police or that the
witness has not at all extracted the blood samples. So it can safely be said that
the extracting of blood samples of the relatives has been duly established by
examining Dipali Malgaonkar, Uttam Malgaonkar and Investigating Officer-Prabhu
Khanolkar.

Even this fact also has been affirmed by the Medical Officer Dr.

Shripad Patil in the Court at Exh. 172 (para 3) wherein he has affirmed the fact
that Dy.S.P. Prabhu Khanolkar had issued a letter to the Hospital on 2.1.04 which
has been produced at Exh. 174 and on the relevant day the Lab Technician

.. 53 ..
collected the blood samples of 10 persons as well in presence of Dr. Rokade, Dr.
Shirsat, and Civil Surgeon. Lab Technician was Mrs. Malgaonkar. He also has
furnished the list of the witnesses whose blood was collected by way of sample.
115.

With this backdrop, now from the perusal of the statement of Dr. S.

Pandurang Prasad, Senior Technical Examiner in Laboratory of DNA and Finger


Printing Services, under CDFD at Exh. 649 as PW-107, it will find that he is holder
of Master Degree in Bio-Chemistry from Osmaniya University and has been
serving in CDFD from February, 1998 and has experience of analysing more than
350 DNA Cases by analysing more than 200 samples. Thereafter he has added
that his office acknowledged the receipt of the samples on 5th January, 2004. The
samples were received intact by his office and the seals were tallied with the
specimen as well as the seals sent through S. P., Sindhudurg. Every sample had
specimen seal of the police as well as that of Civil Hospital, Sindhudurg.
116.

In his statement before the Court, he has affirmed that he received in

all 10 samples of bones and 15 blood samples.

One vaccine container had 10

blood samples. Other container had 5 blood samples and 3rd box had bone
samples and bones were packed in the plastic bottles independently. Here it is to
be noted that in his statement before the Court, the expert has specifically
deposed that barring the bones from the bottle No. 4 in respect to the body No. 4,
all other bones were Metacarpal bones of respective bodies kept in separate plastic
bottles. This is material because during his cross-examination the witness has
conceded the fact that inadvertantly in a letter of correspondence, it is described
as rib bone. Now further from the perusal of the statement of the witness, it will
find that the forms sent by his office were duly filled and re-sent to him under
Exh. 330 to 339 and 341 to 345. Further it is in his statement that out of 10
bones received by the office,only 4 were found suitable for the purpose of DNA
analysis. So the samples taken out from the body No. 1, 6, 8 and 9 were found
suitable.

Hence, by separate letter dtd. 5.3.04, his office requested S. P.,

Sindhudurg, to transmit any other body part pertaining to unknown body Nos. 2,
3, 4, 5, 7, and 10. In response, the S. P., Sindhudurg dispatched 6 femur bones of
unknown body Nos. 2, 3, 4, 5, 7 and 10 on 9.3.04. Again on examination, he
noticed that femur bone sent from dead body No. 2 and 7 were workable for the
purpose of DNA analysis and the other samples did not yield suitable.
conducting the test, the witness concluded that :-

After

.. 54 ..
(1) UB No. 1 is biological relative of Mr. D. B. Sarge.
(2) UB No. 2 is biological son of Mr. Vinayak Anandrao Dudhe and also
biological relative of and Mr. Ranjitsing Vinayak Dhude.
(3) UB No. 8 is biological father of UB No. 6, and UB No. 7 was
biological mother of UB No. 6, and also UB No. 6 is biological
relative of UB No. 9.
(4) UB No. 7 is biological relative of Ratnakar Tukaram Doke and
Mohan Tukaram Doke.
(5) UB No. 8 is biological son of Mrs. Yamunabai Nanaji Mali and also
biological related to Mr. Kailas Nanaji Mali.
(6) UB No. 8 is biological father of UB No. 9 and UB No. 7 is biological
mother of UB No. 9 and biological relative of UB No. 6.
117.

The witness has admitted that he can not record his opinion in respect

to the samples of UB Nos. 3, 4, 5, and 10 since the samples sent were not suitable
for the purpose of analysis and minimum markers were not available for recording
the results. The witness has added that minimum 6 locie are required to record
the opinion and he prepared the report. He has confirmed the contents of report
and his signature below Exh. 650. The witness has affirmed the confirmation of
specimen seals and talleying of the seals present on the original letter received by
the office with the seal of Civil Hospital and has produced the said letter at Exh.
651-A. He also has confirmed that the photographs presented with the letter dtd.
3.1.04 were talleying with the copies of photographs of blood donors and has
placed reliance on a letter at Exh. 651B.
118.

His cross-examination indicates that he completed the examination of

the bones samples on 29.1.04 and taken vials of blood samples for the purpose of
analysis. He has affirmed that specimen seals were impressed only to confirm the
blood samples sent in the vaccin containers. It was suggested to the witness that
plain paper paper pack is considered as the only ideal mark to collect the samples
of bone and has added that according to him in non-contaminated container is
ideal container. The witness has admitted that there was telephonic conversation
between the police and his office in respect to collecting of the sample but has
added that it was in respect to collecting the blood samples. It is established from
the statement of the witness that he was not verifying the seals present on the
samples but it was out of the person who was receiving parcels of the samples.
The witness has admitted that he has no personal knowledge about the condition
in which the samples of second lot was received and has denied that the samples
received were contaminated and degraded for analysis purpose.

.. 55 ..
119.

Thus it will find that much stress has been given on the specimen

seals present on the boxes sent by the police, Sindhudurg and thus it is submitted
that due specimen seals present on the boxes were that of police and thus it is
submitted that the procedure was not at all followed and it is not known as to who
tampered with the seals of the Civil Surgeon. However, I am not inclined to accept
the aforesaid suggestion because it is established from the statement of the
Deepali Malgaonkar and Investigating Officer-Prabhu Khanolkar that the blood
vials were initially wrapped vertically and horizontally with the tape, then with the
help of cotton balls the vials were arranged vertically in the cartoon, the cartoon
was also then taped on the joints and then specimen seal of the hospital was
affixed thereon and it was then delivered in the custody of the police by keeping
the same in vaccine container.

Police then wrapped the vaccine container in

another box and sealed the same and affixed their seal on the box. Thus when the
cartoons were received by CDFD office, outer box was consisting police seals and
inner box was consisting the hospital's seals.

Thus there was absolutely no

substance in the allegations levelled so as to challenge the procedure adopted by


the hospital and office in dispatching the cartoons.
120.

It was submitted that it is in the statement of Lab Technician

Malgaonkar that the process of decaying the blood starts after 8 days from the
date of drawing the sample.

The sample was

drawn on 2nd

and 3rd January

whereas it was taken for use in the lab on the 29th of the same month and thus the
sample was contaminated when it was taken for use. I am not inclined to accept
the same in as much as Lab Technician was not expert on the subject and infact
the matter was required to be referred to the witness S. Pandurang Prasad but for
the reasons best known, this factor has not been asked to the witness and it
ultimately throws sufficient light on the truth.
121.

Finally, it will find that in his cross-examination, this witness has

admitted that kit which was used for the purpose of analysis is known as
AMP F/STR profiler +. He has deposed that he does not know the samples they
were considered before approving this kit in the market by the manufacturer and
he does not know if the above referred kit was used by the manufacturer on Afro
Americans, U. S. and Cocassions.

The witness on going through the broucher

cum users' manual of the kit, has admitted that the Manufacturers used 195 Afro
Americans, 200 U. S. Cocassions in order to ascertain allellic frequency. He has
admitted that his office had written a letter to the police and sought the

.. 56 ..
information about the caste of the blood donors in order to ascertain the
probability match which is also known as allellic frequency.
122.

It is also in his cross-examination that Indian Population is mixed

Population. Various races like Mangolian, Ethnics, Aarya, Negros, and Sarsenic
and others. However he has denied that no centralized population data has been
conducted by any Institute of Govt. of India and according to him, Central
Forensic Laboratory, Calcutta has prepared a data list of Indian Population .
According him, 3 caste population from Maharashtra was searched for the same
and hence, the witness has used the same data. He has admitted that Maratha,
Deshstha, Brahmins, Chitpavan,Brahmins and Dhanagars from

agricultural

community were examined to the extent of 102, 107, 67, and 80 respectively. He
has denied that the data used by him is not the representative to illustrate allellic
frequency of maharashtra population. He has ruled out the suggestion that the kit
applied was not suitable to Indian Population and has affirmed that the allellic
found in the samples were perfectly matching the allellic study in the kit. He also
affirmed that Calcutta Laboratory considered the allellic and locie in addition to
the allellic and locie studied by the Manufacturer of the kit referred to above and
those additional features were considered in the kit referred by the witness.
123.

In his further cross-examination, the witness was referred to AMP STR

profiler plus user's Manual table 1.3 referring to page No. 8 from Chapter 1 and
has admitted that in the locus i. e. D-3-S,1358 is not present in the report of
Calcutta lab but the witness has affirmed that according to him, in the kit
manufacturer has considered the world population allellic and its additional
allellic may be there and has added that Calcutta has been founded on power plex
16 system kit. It is also in his cross-examination that while using the imported
kits to the Indian Population, the theory known as Bayes Theoram is to be applied
and by applying the aforesaid method, one can get the correct posterior. He has
admitted that he has not considered the previous odds from the kits for analysing
the sample and has admitted that to accept any kit for the test,it should have peer
reviewed by the scientific community and has affirmed that the kit used by him is
peer reviewed when it was used in 2004. He has denied that the kit used by him
was not approved by scientific community. He has admitted that CDFD is not the
member of TWGDAF and the satisfactory level guidelines issued by TWGDAF have
been included by CDFD for the purpose of S.O.P. (Standardization of Procedure).
It is established from his cross-examination that police had furnished the details

.. 57 ..
of the body, the names of the relations and the manner in which the body was
found.

He has admitted that in case of less quantity of sample or degraded

sample, the graph of R. F. U. goes down to 150 or less than the same.
124.

He also has admitted that in the samples of U. B. No. 1 the R. F. U. is

less than 150 at the end but has affirmed that it does not affect result of profiler.
When he was referred to the proposition from the document Exh. 661 from
Chapter 9 page 33 and 34 marked with alphabet A. He has admitted the same
and deposed that he does not agree with the proposition that the quantity of DNA
affects the results.

He also clarified that a graph referred to him marked with

alphabet B red dotted line in respect to UB No. 2 does not contain pit but
according to him,it is a bubble. Further another graph referred to him marked
with alphabet B1 in respect to UB No. 2 is seen and has clarified that those red
dots are not pits. But they are bubbles. He has denied that the reading of R. F. U.
as shown are arbitrary, unscientific and imbalance and finally added that when
there are more than 50% of allellic similarities we called it biological relative. It is
admitted by him that 6 locie of UB No. 7 and 8 talleys with each other. He also has
admitted that even it can not be said that on account of 50% match of genetic
similarities in samples can be relatives of each other.

He has denied the

conclusions in respect to unknown body Nos. 6 to 9 are unscientific. Thus this is


the sum and substance of the cross-examination of the expert-S. Pandurang
Prasad.
125.

After considering the entire circumstances on record, it will find that

the reports submitted by him is after all opinion and the Court is not bound to
accept the same. But there should be a sufficient material to deny the report. The
entire cross-examination warrant that the witness has been cross-examined at
length but his statement has not been shaken at least to the extent of his report in
respect to undetected body Nos. 2, 6, 7, 8, and 9. At the most, it can be said that
on account of minimal allellic frequency and graph, the report of the expert in
respect to UB Nos. 1 can be taken to challenge. As against that, now it is clear
that the UB Nos. 3, 4, 5 and 10 are as good as not referred to DNA since the
samples sent were found unsuitable for DNA analysis.
-:- Superimpositions. -:...........
126.

In order to establish the identity of DB Nos. 3, 4 and 5 allegedly

.. 58 ..
belonging to Dadasaheb Chavan, Sanjay Gavare, and Bala Vinayak Pisal,the
prosecution has also placed reliance on the reports submitted by Chemical
Analysis by adopting the super impositions test.

In order to establish the said

fact, the prosecution has placed reliance on the statement of Police Head
Constable-Arun Jadhav below Exh. 563 (PW-95) who is carrier and who has
deposed that on 5.8.04 P. I. Landage directed him to carry 107 articles, including
the skulls of dead body Nos. 3, 4, and 5 seized in this crime and to deliver the
same to the Forensic Lab of C. A.'s

office at Kalina, Santacruz Mumbai, for

examination and report alongwith covering letter. It is in his statement that he


carried the sealed skulls of DB Nos. 3, 4, and 5 with the photographs of DB Nos. 3,
4, and 5 taken when they were alive and he entrusted the same to C. A.'s office at
Mumbai under covering letter ( O. C. of the letter is at Exh. 577).

From the

perusal of his cross-examination, it will find that this fact has not been seriously
challenged by the defence.

127.

With this backdrop, now from the perusal of the statement of

Ratnaprabha Gujarathi below Exh. 663(PW-108), it will find that on 6th August,
2004, the office of C. A. received three parcels and 3 envelopes through Constable
B. No. 787 vide letter at Exh. 571.

It is also in her evidence that on opening

parcels, she found that all 3 skulls were sent in 3 boxes and they were suitable for
the purpose and 3 photographs were also sent in 3 envelopes and those
photographs were in workable condition.

Three anatomical reports were also

attached indicating age and sex of the deceased but the witness found that the
details of the missing persons were not furnished by the police.

Hence, the

witness sought clarification to the police and police replied the same vide letter
dated 9/9/04 which was received by her office on 28.9.04 (Exh. 666).
128.

Further statement of the witness warrant that she started working in

the lab right from 28.09.04 and sent the phortographs to the photography section
where the photograph was taken in front of the camera and picture was seen on
the plate and then the plate was adjusted in order to acquire sharpness in the
picture and the outlines of the picture are marked with the sketch pen on the
plate. Thereafter photograph of plate size was taken in order to super impose.
Thereafter the skull was fixed on the stand in front of the camera by maintaining
the very distance which was maintained while taking photograph from the sketch
and the photograph of adjusted skull was taken and before that the skull was

.. 59 ..
moved horizontally and vertically in order to see that the Anatomical landmarks on
the skull fits into the outline of the photograph, sketched on the plate. The said
photograph has been marked as Exh. 3 in her report at Exh. 629 where part of the
skull stand has been shown.

Then the negative of the photograph and the

negative of the skull were super imposed and then the photograph was taken. It
was then followed by the trace of the photograph to the extent of face on trace
paper.

Again photograph of the skull was taken and also its sketch was also

traced on the trace paper.

Then the witness drawn polygone taking into

consideration the anatomical landmarks and thereafter the landmarks were


noticed by giving different alphabets to them. According to the witness, when 12
different distances are drawn on polygone of the skull photograph (trace) and the
fix photograph(trace), it is seen that those distances are tallied with each other and
when those 12 distances tallies to each other correctly, the positive report is
prepared and when it won't work out exactly, a negative report is prepared.
129.

Thus what can be taken from the statement of the witness that 12

different distances drawn on polygone present on skull trace and fix trace, it
should talley with each other correctly.

Thus by adopting this method, she

prepared the report in trespect to the skull MR No. 27, Court Art. No. DO as well
as MR-26-Court Art. DN, the second skull and MR-28-Court Art. DP, 3rd skull.
After conducting the test as referred to above, the expert concluded that the
photograph superimposed of suitably oriented skulls in Exhs. (Exhs. given by the
Expert) 1, 3 and 5 onto the photographs of the face of the victims in Exhs. 2, 4, 6,
respectively show consistency regarding craniofacial landmarks and indicates that
the skulls in Exhs. 1, 3, 5 (DB Nos. 3, 4, and 5) could have belonged
victims in Exhs. 2, 4, and 6 respectively.

to the

Accordingly, she prepared certificate

dated 30.06.04 and signed the same (Exh. 629).


130.

As against that, her cross-examination warrant that another skull of

same size and counters may talley with the photograph and in that event, the
result may be the same but the witness has added that in that event the sex and
age of the person makes the difference. However, again she has conceded that
police replied two querries but could not inform the expert about the age of Sanjay
Namdev Gavare. Further, according to the witness, by way of abundant caution
age of missing person was sought though the lab can determine the approximate
age of the adult. It is also in her evidence that the information in respect to the
missing person is sex was informed by the police. It is also in her evidence that by

.. 60 ..
the very letter, the office had sought information from police about mandibles of all
the three skulls since the mandibles were missing. However, police replied that
the mandibles were not available. It is in the evidence that formal identification of
person is three dimensional whereas photographs are two dimensional and
witness does not

know if three axes are required

for the

purpose of

superimposition and identification. It is also in her cross-examination

that in

order obtain the best result the photographs all referred to the office should be as
recent as possible and the police did not inform as to when the photographs
referred were taken. It is also in her evidence that the result may vary when the
angles of mounting the skulls are set incorrectly and one of the important
anatomical feature is Nasometal frame. It is also in her evidence that one can
gather idea of muscles on the cheek and chin on the basis of Nasometal frame.
She had added that technique adopted by her does not require to consider
dentition of the skull in order to determine the nature of the lips and the part
below the nose but has conceded that the skull of body No. 4 (Court Art. No. DO)
had no incisors when they were referred to her. In the second skull (DB NO. 5)(
Court Art. DP), 4 incisors right pre molar and left mastiod were absent. It is also
in her cross-examination that in the third skull (Court Art. No. DN)(DB-3) upper
left incisor was not present. However, she has denied that without there being
incisors, the correct determination through superimposition, can not be made.
131.

In her cross-examination,she has conceded that inter pupillary

distance is measured in order to find out the midline and has added that even in
absence of pupillary distance midline can be founded on the nasion point, spinal
point, bonewill point.

She has admitted that she has not considered the inter

pupillary distance to find the midline adding that it was not required. She has
deposed that she does not know if the quality of photograph is affected on account
of retraction of the rays. It is also in her evidence that she has not taken any
training in respect to Anthropology and explained that skull superimpositions is
not part of Forensic Anthropology. It is also in her evidence that she has not made
any study in Anatomy nor she has made any special course in photography but
has denied that she does not have the requisite skull on the requisite subject. She
has denied that the superimposition science has been founded on probabilities but
admitted that findings are subject to probability. She also has denied that when
the evalue of the probability increases above 5%, it is not considered as finding.
She has conceded that sensitivity in relation to likelihood of getting correct match
with ruling of the false negative is accepted as sensitivity and specificity.

.. 61 ..
Specificity ruling out from match in the absence of false positive. She has claimed
that the probability of finding recorded by her is 99.975% but has admitted the
proposition that the reliability of the identification in achieving superimposition
technique has been shown to be 91% indicating the possibility of skull mismatching with face photography belonging to the person other than the deceased.
132.

Thus on considering the statement of the witness in its entirety, it has

been established that superimposition is more or less guess work founded on the
probability and photography technique. It is also clear from the evidence that in
the absence of mandible of all the three skulls, superimposition was completed.
Finally it has been established from the cross-examination of the witness that the
witness has not performed or completed the course of Forensic Anathropology,
Anatomy or even the Photography. However, it is also established from the
statement of witness that she is experienced in the subject and as such, gains of
learning by experience, can not be neglected.

Thus after considering the

statement of the expert as well the report accompanied by reasoning part, it can
safely be said that the prosecution has duly established that DB Nos. 2, 3, 4, 5
belongs to Dudhe, Pisal, Gavare and Chavan,

-:- IDENTITY OF BODY OF DECEASED AND ACCUSED. -:.............


133.

In order to prove the aforesaid fact, the prosecution has placed reliance

on the statements of closed relations of the victims-DB Nos. 2, 3, 4, and 5 namely


Vijaysinh Dudhe, Dada Chavan, Bala Pisal, Sanjay Gavare. The prosecution has
examined Pradip Pisal, PW-97, Vinayak Chavan, PW-98, PW-63-Fattesinha
Vinaykrao Dudhe, PW-80-Jyoti Gavare. In addition the prosecution has also relied
on the statements of the friends of the victims namely Bala Lokhande, Yogesh
Dhake, conductor-Krishna Gavakar. Besides that, the prosecution has also relied
on the statement of Aappa Rane, the Manager of Pallavi Lodge, Kankavali and has
also examined Sachin Manohar Chavan, as carrier of the victims by his autorickshaw between Kankavali to Nandos.
134.

From the perusal of the statement of Yogesh Dhake, PW-10 at Exh.93,

it will find that he was resident of Jalgaon. However, for the purpose of study in
Engineering College, Pune and was earning for his education. His father was
serving as an Executive Engineer in M. S. E. B., Ratnagiri. Since the witness had

.. 62 ..
failed for the first year, he was earning by serving in Private Companies. Initially
he was working in I New Way, multilevel marketing net work Company. There he
came to know Vivek Dudhe , D. R. Jagtap. At the relevant time, he was doing the
work of marketing planSpend and Save.
135.

Then in January, 2003 he joined one Active network company working

in Matrix Plan. As a matter of his job,he was increasing the number of numbers
for Matrix plan and D. R. Jagtap introduced Dada Chavan to Yogesh in May, 2003
and they were convincing him and made a member of Matrix plan.

Vinayak

Dudhe, Dada Chavan, D. R. Jagtap and 3 to 4 others were friends. Dadasaheb


Chavan was resident of Jejuri but his performance in the work was very poor and
hence, he was dealing in the sale and purchase of the land. In Sept., 2003, Dada
Chavan introduced persons by name Gavare, and Thorave.

In January, or

February, 2003, Vivek Dudhe introduced a woman by name Khurshit Choksi who
was also dealing in the plant of Mega bio International. Choksi had invested Rs.
98000/- in the Matrix plan of Active net work through Yogesh and he was
interested to invest further amount in the said plan. Accordingly, on 19.10.03,
Yogesh accompanied Mrs. Choksi to S. B. I., commercial International Bank at
Nariman point in Mumbai, and she withdrawn Rs. 3 lacs from her account. They
both returned to Pune on 20.10. and visited the office but its development
incharge-Mr. Indrajit informed Yogesh that sum of Rs. Rs. 4,80,000/- will be the
necessary amount for minimum investment and hence, Yogesh assured her to take
partnership for Rs. 1,80,000/-.
136.

Thus Khurshit Choksi entrusted Rs. 3 lacs with Yagesh. Vivek Dudhe

and Dada Chavan learnt that Yogesh had a cash of Rs. 3 lacs for investment and
witness is searching for partner to the tune of Rs. 1,80,000/-. Thus Dada Chavan
with the help of Gavare and Thorave started insisting Yogesh to pay Rs. 3 lacs and
within 15 days Dada will pay Rs. 6 lacs and on query, replied that Dada has to
receive 20 lacs from land transaction.

Thus somehow Dudhe and Gavare

persuaded the witness to pay Rs. 3 lacs and thus the witness promised to pay Rs.
3,10,000/- to Dada Chavan.

Accordingly, on 28.10. at about 7 p. m. all they

gathered near Natraj hotel and Yogesh delivered sum of Rs. 3,10,000/-to Dada
Chavan and and also entrusted his phone to Vijaysinha Dudhe with charger. They
informed him that they shall be leaving to Kankavali via Kolhapur in connection
with land transaction. Then the witness left the spot. Dada Chavan gave a call to
the witness at 10 p. m. on the very day and informed that Gavare had arrived and

.. 63 ..
hence, once again the witness rushed to Natraj Hotel at 10.30 p. m..

Dada

Chavan, Thorave, Gavare, Dudhe were present there and more particularly two
more persons were accompanying them and Gavare introduced those two persons
by name Amit Shinde and Pisal and Gavare told that they were also accompanying
them for the land transaction at Kankavali. Thus by 11.30 p. m. victims Dada
Chavan, Gavare, Pisal with accused No. 2, left Pune for Kolhapur by white luxury.
137.

Thereafter the witness has identified the photographs of Gavare (Court

Art. AA). Vijaysinha Dudhe

(Court Art. AB), Dada Chavan (Court Art. AC) and

Bala Pisal (Court Art. AD). Thereafter it appears that on 29.10.03, witness-Yogesh
received a phone call at about 11.15 a. m. from Dada Chavan that they reached
Kankavali and once again, for about hour and quarter, Dada gave another ring
and informed that they were staying at Pallavi Lodge at Kankavali.

Further he

informed that they were staying at Pallavi Lodge at Kankavali.

Further he

informed that since there is no range for reliance mobile the witness should
contact on the mobile of accused No. 2-Mobile No. 9892202752. Thus thereafter
there was no contact between the witness and Dada Chavan.
138.

Further statement of the witness that thereafter he started receiving

phones from brothers of Dada Chavan and he made an attempt to contact accused
No. 2 on his mobile but he was not responding the calls and initially he said that
Dada Chavan and Dudhe had gone with Gavare and they had not yet returned and
he is waiting for them. Then accused No. 1 took mobile and replied that he is
waiting for Dada Chavan and others and this was the last talk between witness
and A1, A2 and thereafter they were avoiding to make a contact to the witness.
Further the facts on record warrant that the witness was called by Washi Police in
connection with missing of Mali family as well as in connection with missing of
Dada Chavan and finally he was also called by Sindhudurg police. The witness
has then furnished the clothes which Dada Chavan and Vijaysinh Dudhe were
wearing when they left Pune.

The witness has added that Dada Chavan had

cream colour full shirt and snuffy coloured full pant whereas Vijasinha Dudhe had
pista coloured full shirt and blue coloured full pant.

Vijaysinha was dark in

complexion and was always wearing silver ring with big white precious stone and
was always wearing cut shoes .

Thus according to Yogesh silver ring was

prominent in appearance on the person of Vijaysinha.


139.

Thus it will find that the witness was well aware of Dada - -

.. 64 ..
Chavan,Vijaysinh Dudhe, Pisal and Gavare and at the time of leaving Pune,
Gavare was introduced with the witness.

The witness had also paid Rs.

3,10,000/- to Dada Chavan.


140.

Now his cross-examination indicates that Wai police enquired with him

in connection with missing of Vijaysinha Dudhe. Further it is in his evidence that


he was not in contact with police from Sindhudurg before 21.12.03 and he
supplied information to Malwan police about Dudhe, Chavan and Gavare on
25.2.04. It is also in his cross-examination that he did not inform police that on
28.10.03 at 11.30 p. m. the victims went with accused 2 to Kankavali in
connection with land transaction. He has also admitted that he has not stated to
the police that Dudhe, Gavare, Chavan persuaded him to pay Rs. 3,10,000/- with
promise to return 6 lacs within 4 days. He has also not stated to the police that
on 29.10.03 he received phone to Dada Chavan that he is staying in Pallavi Lodge,
Kankavali. He has admitted that he has not stated about his conversation with
accused No. 2 and accused 1 on mobile. It is also in his evidence that he was
getting Rs. 1500/- to Rs. 2000/- from his father and for the rest, he was serving.
In 2003, he received only two pay outs from Company and thus in August, 2003,
he received Rs. 12000/- and in Sept., Rs. 16000/-.
141.

It is also in his evidence that he never felt that Dada Chavan was

indebted and he had no occasion to go to the house of Dada Chavan. He also has
admitted that he did not inform the brother of Dada Chavan that Dada informed
about his residence in Pallavi Lodge, Kankavali. Further it will find that while
recording his statement under Section 164 of Cr. P. C., Judge told him to narrate
the facts in brief in one page. The witness has denied that he is deposing false
about receipt of payment of 3 lacs from Mrs. Choksi.

Thus this is the cross-

examination of the witness and it will find that the witness was firm in disclosing
his relations with victims Dudhe, Chavan, and Pisal. It is also clear that while
furnishing the information to Wai police in connection with missing of Dudhe,
witness did not disclose the facts in respect to payment of Rs. 3/- lacs and stay of
victim at Kankavali. But even from the perusal of his entire statement, it will find
that the victims also did not make it clear to the witness that they were going to A1 for the purpose of getting multiplied the money. Hence, it appears that out of
greed of easy money, the witness paid Rs. 3,10,000/- to the victim Dada. There
does not appear any just reason to discard the statement of this witness. However,
it is established from the statement of witness that he was very close to Vinayak

.. 65 ..
Dudhe and Dada Chavan and the witness has identified the cut shoe (Court Art.
AP),white metal ring with stone (Court Art. AO).
142.

The second witness is Bala Lokhande-PW-13 who has been examined

at Exh. 108. From the perusal of his statement, it will find that he was resident of
Badalapur and victim Bala @ Vinayak Pisal was his friend right from School days.
Ramesh Pujar, the resident of Badalapur was also there common friend.
Somewhere

in June or July, Bala Pisal repeatedly started telling the story to

witness and Ramesh Pujar about one holi person by name Santoshbaba who was
multiplying the amount and Bala Pisal claimed that he was knowing him and
Santoshbaba would arrange a shower of money and as such the witness and
Ramesh Pujar asked Bala Pisal to ask A-1 to make programme of shower of money
and they shall decide whether amount is to be invested or otherwise. For about 2
to 3 days thereafter Bala Pisal asked the witness and Pujar that whether they are
ready to go to Kankavali on 28.10. to watch the demonstration of shower of money
and invited the witness to Gora Gandhi Hotel at Borivali on 28.10. between 2 p. m.
to 2.30 p. m.. There was a meeting Ramesh Pujar, witness-Bala Pisal and Sanjay
Gavare in the said hotel. The accused No. 2 also remained present and he was
introduced by Bala Pisal.

Then the accused No. 1 came there and he was

identified by Bala Pisal. Then the witness learnt from Bala Pisal and Bala Pisal
and Sanjay Gavare were proceeding to Pune and he asked the witness-Lokhande
and Ramesh Pujar to go to Kankavali directly and to stay in Konkan Plaza Hotel
and Bala Pisal and Gavare shall meet there.
143.

Then accused No. 1 and 2 left the hotel. Bala Pisal gave mobile No. of

Sanjay Gavare to contact him. The witness then identified photographs of Bala
Pisal, Sanjay Gavare (Court Arts-AA and AD respectively).

Then witness-Bala

Lokhande and Pujar went by S. T. bus to Kankavali and reached Kankavali by


4,30 to 5 a. m. on 29.10.. They booked a room in Konkan Plaza hotel and stayed
in the room and then witness-Lokhande made entries in the Lodging Register
under his signature.

From the perusal of the entry No. 917 of Konkan Plaza

register (Court Art. BA) at Exh. 110, it will find that the witness has established
the fact that on 29.10. he stayed in the room No. 3 of Konkan Plaza hotel with
Pujar. Further, according to the witness on the relevant day, at about 5 to 5.30 p.
m. Bala Pisal came in room No. 3 of Konkan Plaza and informed that the
programme of shower of money arranged on next day and he will come to take the
witness at about 10 a. m. 11 a. m. and asked for Rs. 100/- for his expenses and

.. 66 ..
left the hotel. Now it will find that on 30.10. both witnesses-Lokhande and Pujar
were waiting for Pisal throughout the day till 3 p. m. and then A-2 came and was
enquiring with them whereabout of Bala Pisal and he also stayed with the
witnesses in the room upto 6 p. m. and then A-1 came to the room and at the
relevant time, A-3 was also accompanying him. They also made enquiry with the
witnesses about Bala Pisal and said that they have decided to cancel the
programme since Bala Pisal is not present. Then A-1 and A-3 left hotel whereas A2 waited upto 10 p. m. and then gave ring to A-1.
144.

Once again accused 1 and 3 came to the Lodge and accused 1

informed that since Bala had not come, the programme has been finally cancelled
and he provided the tickets of luxury bus to Lokhande and Pujar. Thus A-1, A-2
and A-3 halted at Kankavali whereas witness-Ramesh Pujar returned to Mumbai.
Thereafter from the perusal of statement of this witness, it will find that time and
again, enquiries were made with the witness about Dudhe, Pisal and Bala Pisal's
wife lodged report at Badalapur Police Station whereas complaint of missing of
Mali family was also made with Washi Police and Bala Lokhande was called by
both police including Wai Police for the purpose of enquiry and even the witness
was called in Sindhudurg and his statement was recorded by the police as well he
was referred to J. M. F. C. for recording his statement under section 164 of Cr. P.
C.. The relevant statement is at Exh. 111.
145.

The cross-examination of the witness warrant that he was not aware

about financial condition of Bala Pisal and Bala Pisal's relationship with his wife.
Bala Pisal was doing the work as an Estate Agent. Further his cross-examination
warrant that the wife of Bala Pisal was always making enquiry with the witness
about her husband and Pradip Pisal and wife of Bala Pisal were suspecting the
witness as a person behind missing of Bala Pisal. He has made it clear that he
learnt about the death of Bala Pisal only after going through the newspaper in 3rd
or 4th week of December, 2003 and when he was called by Badalapur Police.
Further cross-examination of the witness warrant that the witness did not inform
the police the story of shower of money and the fact that they were called to attend
the said programme at Kankavali. He also has not furnished the details of the
dilogues between A-1,A-2 on the one hand and the witness on the other which
took place and about the fact that A-1 provided bus tickets to the witnesses and
asked to go to Bombay.

On the contrary, it appears that the witnesses were

informing the police that they had been to Malwan to see the agricultural land

.. 67 ..
of A-1. Even he had disclosed to the police that even wife of A-1 had been to see
the said land and the witness and Ramesh Pujar waited for Bala Pisal for Mumbai
since he has not given them lift for Badalapur. Thus it will find that the witness
was suppressing the true story from the police and it appears that it was but
natural since the very object of the visit of the witness was illegal and he was
aware about consequences thereof. Even though it is assumed that the witness
has suppressed the material facts from the police at the time of enquiry of missing
complaint, still it appears that the witness ultimately admitted the facts before
Sindhudurg Police. But the witness has denied that he has been deposing false
that as per instructions of Bala Pisal, he and Ramesh Pujar came from Borivali to
Kankavali and stayed at Konkan Plaza hotel.
146.

The object of examination of this witness is limited and it can safely be

said that the prosecution has succeeded in establishing the same. It has been
established that the witness was friend of Bala Pisal and the witness and Pujar
came to Konkan Plaza lodge at Kankavali and stayed there on 29th and 30th
October, 2003. As against that, it has been established
witness-Amit Patil that entry No. 917 is correct

from the statement of

and that it was signed by the

passenger i. e. Lokhande. It is also established from the statement of witness that


on 29th October, they had meeting with Bala Pisal and Bala Pisal had been to their
room and Bala Pisal took Rs. 100/- from the witness and left the room with the
assurance that he shall visit the room on the next day at 10 p. m..
147.

Now in order to establish the fact that the 4 victims-Pisal, Dudhe,

Gavare and Chavan travelled from Kolhapur to Malwan alongwith A-2 by S. T.


Bus, the prosecution has examined witness-Krishna Gaonkar, a bus conductorPW-11 at Exh. 100. Witness-Krishna Gaonkar was serving such as bus conductor.
On 28.10.03 he was allotted

with a duty to ply Malwan Kolhapur bus as

Conductor and he was asked to work as conductor on the same bus while
returning from Kolhapur to Malwan on 29.10.03. The bus started from Kolhapur
at 6.15 p. m., and reached Radhanagari at 7.45 p. m.

There was halt of half an

hour at Radhanagari. According to the witness, one boy aging 25 to 30 amongst


the group of 5 persons having purchased a common ticket, requested him to halt
the bus as he wanted to give a ring. It was at Radhanagari. The group had taken
tickets upto Malwan and they boarded the bus at Kolhapur. Before departing
Radhanagari, the conductor ascertained about the arrival of the said boy and then
bus proceeded further. Again, according to the witness, the very boy who

.. 68 ..
purchased the tickets of Malwan, said that the group will be alighting from the
bus at Kankavali and accordingly, all they get down at Kankavali. Thereafter the
witness has identified A-2 as the said boy who had purchased the common ticket
for 5 persons.

Further the witness has deposed that he can identify the

photographs of 4 middle aged persons who were accompanying the accused 2 and
then the witness has identified the photographs of the victims-DB Nos. 2, 3, 4 and
5 as AA, AB, AC and AD.
148.

In his cross-examination, the witness has admitted that he can not

identify all the passengers from the bus but can identify some passengers. He can
not give the exact number of passengers travelling for Malwan on 28.10.. It is also
in his statement that police recorded his statement on 8.1.04 and the accused 2
was brought to Police Station on that day at about 8.30 a. m.. He has admitted
that he has not produced the chart or any document to show that there were more
than 5 persons buying tickets of Malwan on 29.10.03 from Kolhapur.

He has

admitted that he has not stated before the police that the said boy aging 25 to 30
requested to halt the bus at Radhanagari for giving ring. Further he has admitted
that he can not tell whether those 4 passengers travelling with boy were carrying
bags, suit cases or otherwise.

He has denied that the police had shown the

photographs of accused No. 2 and the photographs of those persons identified by


him as the victims.

But after considering the entire cross-examination of this

witness, it will find that the witness was not knowing accused 2 or victims at any
time in past. It was solitary occasion for the witness to see the victims and A-2
while travelling between Kolhapur to Kankavali. There does not appear any special
reason for identifying A-2 or the victims unless some event or some special reason
was there to remember A-2 and the passengers. The witness was not in a position
to identify any other passenger and thus somehow it appears that though the
witness has supported the case of prosecution, he can not be relied upon as a
trustworthy and reliable witness.
149.

The prosecution has examined one more witness-Appa Rane as PW-9

at Exh. 88.

Appa Rane was serving such as Manager in Pallavi Lodge, at

Kankavali. He has been serving for last 13 years. According to the witness, on
25.12.03 police came to his lodge for making enquiry. They examined the Lodge
Registers and were searching the name of Amit Shenoy. The relevant entry was
found in the register against the entry dated 29.10.03. According to the witness,
on 29.10.03 at about 11 a. m. 5 persons had been to his lodge. They were

.. 69 ..
enquiring about the room and room No. 5 was provided to them since it had 5
cots.

Amit Shenoy recorded his name in the register.

He paid Rs. 250/- as

charges against 5 persons. The witness has identified A-2 in the Court Hall and
claimed that he had signed the register for and on behalf of all. Thereafter the
witness has referred his Lodging Register marked with Court Art. AM page No. 76
and has referred the entry wherein words Amit Shenoy, age 21 yrs., appears. The
date of arrival was shown as 29.10.03. The relevant entry is made in English
which is at Exh. 89. According to the witness, on the next day at 9 a. m. all these
persons left the room and at the relevant time, the person disclosing himself as
Amit Shenoy handed over his air bag to Aappa Rane and asked him that he shall
collect the bag subsequently. Thereafter all of them left the Lodge.
150.

Thereafter on 15.3.04 the witness received

message to attend

Sawantwadi Jail on 16.3.04 at 10.30 to 11 p. m. for the purpose of T. I. Parade.


Accordingly, he attended the parade and at the relevant time, he identified accused
No. 2-Amit Shenoy. Further he has claimed that on 30.10. at about 11 a. m.
accused No. 3 had been to the Lodge with A-2 and thus Appa Rane identified A-3
in T. I. Parade. Thereafter the witness has identified 4 photographs marked with
AA, AB, AC and AD of the victims. The witness has been cross-examined at length
and the witness has admitted that he had no special reason to remember the
passengers. It is also in his evidence that one Ashok Talavadekar was also serving
in Pallavi Lodge and he was doing the job of cleaning the toilet.
151.

The witness in his cross-examination initially denied that on 30.10.03

at 9 a. m. he handed over the charge to Amit Talavadekar and again came to the
Lodge in the evening but has admitted that he came in the evening and enquired
with Ashok Talavadekar whether Amit Shenoy has taken away his handbag and
Talavadekar replied in the affirmative. Further he has clarified that on that day he
came to the lodge at 4.30 p. m. and thereafter gone outside for cup of tea. The
witness was contradicted on this point by referring to his statement recorded by
the police but at the most, it can be said that it is in relation to the event in
respect to delivery of handbag of accused 2. It is also in his statement that on
25.12.03 police showed him the photographs of the deceased and identified the
persons showed in the photograph though the clothes on the persons of the
victims, were different than the photographs when they came to the Lodge. The
witness has deposed that he is not in a position to identify the faces of dummies
from T. I. Parade. Further he has admitted that he can not remember the faces

.. 70 ..
and description of the passengers who resided in the Lodge for about 10 days'
back but has denied that he is deposing false that he identified A-2 and A-3 in T.I.
Parade.

He also has admitted that a receipt book has been maintained and a

receipt is to be passed against payments received to confirm the entries in the


Lodging Register. It is also in his evidence that he did not provide said receipt book
to the police as it was not claimed by the police. It is also in his evidence that
barring the entry in the name of A-2, there is no other entry in the register on
29.10.03. Thus it will find that the witness has been cross-examined at length but
the witness has identified A-2 in the Court and he also identified A-2, and A-3 in
T.I. Parade.
152.

It is submitted that the witness is tutored and he can not be relied

upon in as much as it is not possible for any person to recollect the faces of the
passengers attending the Lodge even after 10 days. True it is that there appear
little substance in the statement but the witness-Rane has been serving in the
Lodge for 13 years. He is experienced and matured in the said service. So there is
reason to believe that he may have recollected the face of at least A-2 and this fact
has been supported by the fact that the witness identified A-2 in T. I. parade.
153.

Thereafter the prosecution has examined Pradip Pisal, Vinayak

Chavan, Fattesinh Dudhe, and Jyoti Gavare, the witnesses-the close relations of
the victims as PW-97, 98, 63, and 80.
154.

From the perusal of the statement of Fattesinha Dudhe at Exh. 348, it

will find that he is brother of deceased Vijaysinha Dudhe.

The witness has

identified the photograph-Court Art. AB claiming that it is of Vijaysinha Dudhe.


The witness has identified the photogrpah-Court Art. AB claiming that it is of
Vijaysinh Dudhe. He also identified photograph of his brother-Ranjitsinha which
is affixed on form No. 2 at the time of taking blood sample to refer the same to
DNA(Exh. 331). He also identified photograph of his father present on Exh. 330.
It is in his evidence that on 26.10.03 Vijaysinha left house saying that he is going
to Pune in order to enquire the rates of potato. Thus he left the home at 8.30 a. m.
of 26.10. but he was supposed to come to house on the very day but he did not.
Hence, he gave ring to his nephew-Vivek at Hadapsar Pune and learnt that
Vijaysinh had halted at his house on 26.10. and will return soon.

On 28.10.

Vijaysinh gave ring from Pune on mobile of Vivek that he is returning very soon.
Since he did not return, the witness and other family members, started searching

.. 71 ,.
operation and hence on 1.11., the wife of Vijaysinh, lodged missing report at Wai
Police Station,Dist.-Satara. Further, according to him, while leaving the house,
victim Vijaysinh was wearing a faint yellow full shirt and grey coloured pant, wrist
watch of Citizen make, also wearing black canvass shoes without lace, and silver
ring with white stone. His face was similar to the face of witness and all brothers
had typical gap between two frontal upper teeth and that was mark of
identification. Further his statement warrant that on 21.2.03 on information by
the police, he rushed to Civil Hospital Oros. It was around 5 p. m. He was shown 7
dead bodies and asked to identify the dead body of his brother if it is there and the
witness identified body No. 2 as dead body of his brother. Further the witness has
added that the face was not in an identifiable condition but he identified the body
on the basis of gap in the central teeth in upper jaw silver ring with white stone,
black canvass pump shoes and clothes. The witness has identified the Court Art.
AO-silver ring, single shoe-Court Art. AV, wrist watch-Court Art. CV, as the
articles belonging to deceased Vijaysinh.
155.

The witness has been cross-examined at length on various points but

on material points, the witness has added that he does not recollect whether he
had stated to the police that Vijaysinh had taken mobile of

Yogesh Dhake .

Further he has not stated to the police that Vijaysinh had taken mobile of Yogesh
and he can not assign any reason why it is present in his statement. It is also in
his evidence that during one month prior to 26.10.03 the brother-Vijaysinh had
not gone out station. He has also deposed that from 28.10. till the date of seeing
the dead body of Vijaysinh, Vivek had suppressed some material facts about
Vijaysinha from him. It is in his evidence that the dead bodies were shown to him
by the police when post mortem was in progress, he saw in all 7 dead bodies. They
were kept in a single room. The articles like ring, shoes were not on the body but
they were kept by the side of the body.

It is also established from his statement

that he had not stated the fact to Washi police that while leaving the house,
Vijaysinh was wearing yellow shirt and grey coloured pant, wrist watch of Citizen
make, black canvass shoes.

He has admitted that there are no special

identification mark on the wrist watch-Court Art. CV. But has denied that the
canvass shoe-Court Art. AN does not belong to his brother.

Thus despite the

cross-examination, it will find that the witness has identified the dead body of his
brother. The witness is real brother of Vijaysinh. It is also in the statement of the
witness-Yogesh Dhake that witness-Vijaysinh was black in complexion and silver
ring with white precious stone, was prominently appearing on the person of

.. 72 ..
Vijaysinh. Further the black cut canvass shoe was the typical shoe which always
were used by the victim. Witness Fattesinh being a real brother who was residing
with the deceased, it can safely be said that he was well versed with every article of
the deceased and as such, there does not appear any reason to disbelieve the
witness in respect to identify the dead body of his brother on the basis of articles
found on the person of the deceased.
156.

In order to prove the identification of dead body No. 4, the prosecution

has examined Jyoti Sanjay Gavare, the widow of victim-Sanjay Namdeo Gavare
(DB-4).

From the perusal of her statement, it will find that he was knowing

accused 1 since accused 1was remaining with her deceased husband-Sanjay


Gavare.

It is in her statement that Pisal, Thorave and one Ratnakar were the

friends of her husband-Sanjay.

The witness when referred has immediately

identified photographs of Bala Pisal and her husband as Court Art. AD and AA.
The witness has also identified other two photographs of her deceased husband
marked with Court art.AA-1, AA-2. It is in her statement that on 25.10.03, he left
the house at 4 p. m. with Thorave and again he came back at 11.30 p. m.. Again
he left the house and since then he hasnot seen.

On 28.10.03,

the witness

received a phone call of her husband that his financial work has been done and he
would return within two or three days.

At the relevant time, deceased Sanjay

enquired about the daughters and their well being. Her husband was maintaining
mobile phone No.31065433.

Thereafter the witness made many attempts to

contact him on mobile but he was not contacted.


157.

It is also in her statement that even in past, her husband was residing

away for long period in connection with land dealings. Since her husband failed to
come back within 2 months, she made enquiry with her relatives and also reported
to her maternal aunt's son who was Municipal Councillor of Chinchvad Municipal
Council. On 22.12. the witness learnt from Sunil that he was informed by Nigadi
police that 7 dead bodies found on the hill of Nandos from Sindhudurg District
and he was asked to verify the dead bodies.

Hence, on 26..12.03 Sunil

Chinchavade, his wife-Sharda, his brother-Anil, witness-Jyoti and her father in


law Namdeo visited Malwan and she read in the newspaper Vartahar that one of
the dead body was that of her husband. Then Malwan police showed the clothes
of her husband as well as 7/12 extract of one Kemase and one rubber ring which
was normally worn by her husband around his wrist.

The witness was also

informed that the dead body has been sent to Miraj and accordingly, her statement

.. 73 ..
was recorded on the relevant day.
158.

On 1/1/04 the witness was called with her father-in-law for taking

blood sample and accordingly, on 3.1.04 the blood sample of her father in law was
taken alongwith photograph. On the relevant day, she supplied the photograph of
her husband. On 25.3.04 she was called by police at Oros to collect the dead body
of her husband and her father-in-law received the dead body. The witness, when
referred to the clothes of the deceased, has identified the clothes of her husband
as bluish black full pant, soiled white full shirt, and black belt, the rubber ring
and 7/12 extract. The rubber ring is Court Art. FO, the belt-Court Art.-DB-4-A,
7/12 extract (Court Art. EG), full shirt(Court Art. EP), and the pant(Court Art. DB4-L) and handkerchief(Court Art. DB-4-M).
159.

The cross-examination of this witness warrant that for about one

month after departure of her husband, she realized that her husband is missing
and she felt that she should lodge complaint with the police but she had also
hopes that her husband would return.

For about one month, thereafter she

contacted her cousin-Sunil Chinchavade. She did not make any attempt to take
search of Thorave and Pisal.

It is in her cross-examination that she did not

personally seen her husband when he left the house lastly and what clothes he
was wearing and what articles he was carrying and again she has deposed that
she had seen her husband while leaving the house and had seen the clothes he
was wearing and the carry bag. The witness has narrated that she has learnt it
from her brother. Further it is in her statement that on 26.12. she did not see the
dead body of her husband and it did not happen that on 26.12.03 she had gone to
Miraj to watch the dead body of her husband and the articles and police informed
that her husband's dead body and articles were sent to Miraj.

She does not

recollect whether she had not seen the clothes on 26.12.03 as those were seen at
Miraj but again affirmed that she had seen clothes on 26.12. and has added that
she was planning to go to Miraj to see the dead body and the articles.
160.

It is also in her statement that she knows Joyas @ Bela Nivenkar. She

has admitted that she as well as her husband were acquainted with her but has
denied that before his missing, her husband had deserted her and her husband
was staying with Joyas @ Bela at Saint Tukaram Nagar Pune. She has denied that
her husband had obtained loans from several persons and those persons used to
see the witness and her father. It was suggested that there was a complaint of

.. 74 ..
assault to the several members of M.S.E. B. against her husband and on account
of behaviour of her husband, the electric connection of Mrs. Bela was cut off.
Thereafter the witness has been cross-examined at length but she has denied all
the suggestions. It is in her evidence that her husband hails from Gavarwadi. His
parents are alive. His brothers are residing at Gavarwadi. The witness cohabited
with her husband for 3 years from 1996.

Her house at Dattanagar is rented

premise. The witness has been serving in the school at Akurdi from 1998-99. The
house at Dattanagar was owned by Thanekar who was sister of her brother's wife.
The witness has added that she was not called by the police from Badalapur and
affirmed that her husband was visiting the house of Bela. She has denied that
police recorded her statement in connection with missing of Pisal and has denied
that she has stated to Badalapur Police that her husband was residing with Bela.
Thus despite searching cross-examination, the witness has denied all suggestions
and as against that, the defence has not produced any documentary evidence nor
succeeded in making out a probability to warrant that witness was not concerned
with her husband for years together and she has been falsely supporting the case
of prosecution.
161.

Here it is to be noted that had the witness been deserted by her

husband alongwith her daughter and had he been living with Bela, definitely the
witness would not have attended the Court to depose in favour of her deceased
husband and naturally either she would have avoided to attend the Court or if
attended would not have supported the case of the prosecution. But the fact that
she attended the police with her father-in-law and her attending the Court
ultimately warrant that the witness was in touch with her husband till missing of
her husband and the witness can confidently identify the articles of her husband
being the articles of loved one.
162.

The prosecution has also examined two witnesses namely Pradip Pisal

and Vinayak Chavan as PW-97 and 98 at Exhs. 575 and 579. Witness-Pradip
Pisal is brother of Vinayak Pisal-DB-5. According to him, Vinayak was residing at
Kulgaon, Badalapur with wife and son in Parigandha Apartment, room No. 4. It is
in his statement that 3 brothers had no relations in Kankavali area and his
brother-Vinayak-DB-5 was running a hotel in partnership. On 15.11.03 he
received a phone call of wife of his brother-Vinayak that Vinayak was out of house
from 28.10.03 and he also learnt from the wife of Vinayak that Vinayak left home
on 28.10.03 with R. D. Pujar and Bala Lokhande with the message that they are

.. 75 ..
going to Borivali to see accused-Santosh. He also learnt from her that Vinayak
had taken one more pair of dress with him. Hence, he asked details of the clothes
and learnt from the wife of the deceased-Vinayak that deceased was wearing grey
white shirt with checks and blue jeans pant and pair of shoes. The witness has
also deposed that wife of Vinayak made call to A-1 but he was out of station and
hence, the wife of the deceased went to the house of one Raju Mahajan, the other
friend of Vinayak and from his landlord made a call to A-1 and the phone was
received by A-1 and the wife of deceased had a talk with A-1. Thereafter Pujar and
Lokhande came her house and assured that Vinayak will come back soon.
However, since Vinayak did not return, the witness personally went to Badalapur
Police Station and by informing said fact to the police,suspected about Lokhande
and Pujar. They were called in the Police Station but police could not trace out
Vinayak.
163.

Later on, Washi police called the witness in order to take search of Mali

family. Then on 22.12.03 while watching E.T.V. Channel, he saw and heard the
news of discovery of dead bodies at Malwan and also saw the name of his brother
in the bottom strip.

Hence, on 24.12.03, the witness came to Malwan.

photographs of dead bodies were shown to him.

There

He identified the dead body

presuming that it might be of brother-Vinayak. He also learnt from I. O. that the


dead body was sent to Miraj with clothes and his presence may require to identify
the clothes found on the dead body and accordingly, the arrangement was made to
see the clothes and other articles of the deceased outside the Railway Station,
Kolhapur on 24.12.03. Accordingly, the witness saw the clothes and identified blue
jean pant, shoes, and shirt since the tailor mark of Ulhasnagar was clearly visible.
Then he made phone call to I. O. Khanolkar.

Witness has identified blue jean

pant(Court Art. DB5-A), his torn shirt(Court. Art. DB5-B), pair of shoe (Court Art.
EO). During his cross-examination, the witness has affirmed that his deceased
brother-Vinayak was appearing in the same shape as has been shown in
photograph(Court Art.-AD).

He has not stated to the Washi Police that witness

learnt from the wife of Vinayak that Pujar and Lokhande has informed her that
Vinayak was with accused 3-Yogesh and Sanjay Gavare and they may come back.
He also has not stated to the police that wife of Vinayak tried to call accused 1Santosh.
164.

Finally he has admitted that all informations were not informed to him

by the widow of Vinayak when he saw her on 16.11.03 and he admitted the

.. 76 ..
contents of his statement recorded on 24.12.03.True it is that there are certain
contradictions in the statement of the witness. Basically one should not forget the
fact that the witness is real brother of the victim. The witness is examined in order
to identify the dead body or the particulars found on the dead body. The witness
has duly identified those articles and claimed that on the foundation of the articles
found on the dead body, he claimed that it was the dead body of his brotherVinayak. He has affirmed that it did not happen that he saw the dead body of
Vinayak in Miraj Hospital and identified the body and PSI Yadav recorded his
statement. As against that, it is evident from the statement of PSI-Vijay YadavPW-122)(Exh. 711) that infact on 24.12.03 the articles on the dead body on DB-5
were shown to witness-Pradip Pisal within the premises of Railway Station of
Kolhapur, during night hours as body was lying in Miraj Hospital, Miraj but
inadvertantly PSI-Yadav while recording the statement alleged that body was
shown to the witness instead of articles on the body.

P.S.I. Yadav has also

admitted the said mistake in his statement before the Court. Further from the
perusal of portion marked with alphabet A it will find that the same has not been
referred in the statement of the witness in verbatim yet the sum and substance
therein has been recorded before the Court and as such, no more weightage can
be given to the aforesaid omission o so called contradiction since it is not in
relation to the point at controverse.
165.

Finally from the perusal of the statement of Vinayak Chavan, the close

relative of Dada Chavan-DB-3, it will find that he saw his brother-Dada on last
occasion on 26.10. at Swarget near Natraj Hotel. At the relevant time, his brotherDada told him that he was going to Ratnagiri. He was wearing green colour pant
and chocolate colour shirt. Hence, the witness provided the telephone No. of his
friend-Arjun Jadhav to Dada Chavan in order to keep contact with the witness.
Since nothing was heard about his brother-Dada for 8 to 10 days he enquired with
parents at Jevur as well as asked his friend-Arjun Jadhav but learnt nothing
about Dada.

It is in his statement that Victim Dada has raised loan of Local

Credit Cooperative Society and hence,he may have left the house.

But on

21.12.03 he learnt from his friend-Arjun Jadhav that he received a phone call from
Sindhudurg police that they have received some dead bodies and they also found
one telephone diary wherein the name of Arjun Jadhav was noted and hence,
police rang him and asked to attend Sindhudurg Police Station.
166.

Accordingly, the witness went to Sindhudurg by arranging private

.. 77 ..
vehicle.

His wife, wife of Dada, wife of Bhimrao and police took them to Civil

Hospital. It was around 6.30 p. m. to 6.45 p. m.. Police showed them 5 dead
bodies and witness identified the body No. 3 on the basis of clothes and chappals.
Thus they stayed in Sindhdurg for a day or two and went to Pune.

Again on

31.12., they received a phone call and asked to attend Oros for collection of blood
sample for DNA test. Accordingly, the witness attended for the said purpose and
his blood sample was taken on 21.1.04. Further it is in his statement that on
26.12.03 he had been to Oros alongiwth photograph of his brother-Dada and he
supplied the photograph to Police(Art. AC). Further he has affirmed that he was
well versed with handwriting of his brother-Dada when diary was shown to him
(Court Art. EC) and he also has affirmed that even on page meant for taking
numbers and the names starting with alphabets C, and D, the name of Yogesh
Dhake and Santosh Chavan has been written with the phone numbers and has
claimed that it is also in his handwriting and his brother-Dada.
167.

Witness was also referred the another diary of Dada which was seized

by visiting his house through his another brother-Bhimrao under panchanama


and witness has identified the same and has claimed that Court Art. FX is diary
belonging to and in the handwriting of Dada. Witness was fair enough in deposing
that M.R. No. 8-pant and M. R. 9-shirt can not be identified if it belong to Dada
but he has affirmed that the waist belt with buckle(Court Art. DB3-B) belongs to
his brother-Dada.
168.

The cross-examination of the witness warrant that in order to evade

his creditors deceased brother was leaving the village continuously for few days or
always in every month. He also has admitted that since his last days his brotherDada had no source of income but has denied that during his last days, brother
Dada was mentally depressed on account of huge unpaid debts. He has admitted
that he made enquiries with friends and relatives but did not lodge complaint with
the police. In his cross-examination, he has affirmed that he saw the dead body of
Dada in Oros Civil Hospital on 21.12. and found that belongings found on the
person of Dada were kept adjacent to his body.

He has admitted that he did not

inform the fact to the police that he had given the telephone number of Arjun
Jadhav to deceased Dada and it was noted in his diary in his presence. He has
admitted that when he saw the dead body, the diary (Court Art. EC) was not
shown to him and he saw the diary on 23.12. when police recorded his statement
and he has affirmed that the name of Dada Chavan is not present on the diary. --

.. 78 ..
However, after considering the entire cross-examination of the witness, it will find
that on account of certain minor contradiction, the case of the prosecution has
been strengthened than weakening the same and it is proved to the satisfaction of
the Court that witness-Vinayak Chavan has duly established that he did identify
the dead body of his brother-DB-5-Dada Chavan.
169.

Thus on considering the aforesaid evidence on record, it will find that

witness-Ratnaprabha Gujrathi, an expert, has by conducting the test of super


imposition, supported the case of the prosecution that skulls of DB Nos. 3 to 5
referred to her, were that of Dada Chavan, Sanjay Gavare and Vinayak Pisal. As
against that, from the perusal of statement of witness-Sachin Manohar, the
brother of accused 1, it will find that their appears substance in his statement that
at the time of Bhaubij, he was entrusted the duty by his bother-accused No. 1 and
accused 2 and 3 to carry the victims-Dudhe and Gavare, Pisal and Chavan. Even
it is established from his statement that the next to Bhaubij of 2003 when he was
proceeding to the house and accused 7 as per direction of A-5. A-3 came in the
way near Grampanchayat Office and asked to turn the rickshaw and to take it to
Kankavali and accordingly, Sachin took the auto rickshaw to Kankavali and as per
direction of A-3, he stopped the rickshaw to Pallavi Lodge.

A-1 and A-3 came

within 5 minutes and he carried two unknown persons and A-2 from Kankavali
and in between on account of mobile ring, A-3 asked to park the rickshaw and A-3
went outside and during this time, the witness asked the passengers where-from
they have came and the passengers informed that they have came from Pune.
Their names are Dudhe and Gavare and they were proceeding to Santoshbaba. At
this juncture, A-3 picked up the auto rickshaw, asked to drive the auto rickshaw
to

Katta. Then A-3 and those two unknown person alighted from the auto

rickshaw and A-3 asked again to go back Kankavali and to bring Amit. Hence,
once again he went to Pallavi Lodge and Amit was watching for rickshaw and A-2
went to Pallavi lodge and brought two unknown persons and witness brought to
those persons at Katta. At Katta, Santosh paid him Rs. 300/-. Thus this is the
sum and substance of statement of PW-5-Sachin.
170.

From the perusal of his cross-examination, it will find that an attempt

was made to contradict the witness from the statement made before the Magistrate
and the deposition of the witness recorded in the Court and all along the witness
was making an attempt to state that he carried all these facts to police and police
recorded his statement to that effect but the Judicial Magistrate while recording

.. 79 ..
his statement warned to be brief and hence, he narrated only material facts to the
Magistrate of Kankaval. Now even though it is assumed for the moment that the
witness has exaggerated the story, still it will find that there is no plausible reason
on record to infer that the witness is on cross terms with A-1 or A-7 and hence, he
has been deposing falsely against them.

On the contrary, it appears from one

episode that when the witness learnt about the ignition problem of Sumo
belonging to A-1, the witness visited the house of A-7 with 10 persons by two auto
rickshaws and by giving push, the engine of Sumo was put into motion and then
witness left the spot. It is also in his evidence that he too visits the house of his
parents as well the house of A-7 during Ganesh festival.

Thus despite the

contradictions, omissions, and admissions from the statement of PW-5-Sachin, it


is proved to the satisfaction of the Court, that he was carrier of DB-2 to DB-5.
171.

Thus on considering the aforesaid facts, it will find that the identify of

the deceased, victims have been established through the articles found on their
person as well as by seeing the dead bodies by the close relations and friends of
the victims. The accused and victims have also been identified by lodge occupierAppa Rane. Further it also has been established through the statement of Sachin
that he was the person who carried the victims by auto rickshaw from Kankavali
to Katta with A-3 and A-2. Even the report of Ratnaprabha Gujrathi, Expert, it
has been established to the satisfaction of the Court that DB-3 to DB-5 have been
proved to be the bodies of Dada Chavan and Sanjay Gavare and Vinayak Pisal.
Thus the aforesaid circumstances ultimately warrant that the prosecution has
established the case to the satisfaction of the Court that the victims were brought
upto Katta and they were lastly seen with accused 2 and 3. Thereafter the victims
have not been seen by anybody.
Sindhudurg.

The victims were not residents of District

So natrually now the burden is on the defence to establish the

whereabouts of the deceased since it is a fact within their special knowledge and
the defence has failed to record any plausible explanation to establish that the
aforesaid persons are alive or that they are absconding or that they have been
murdered by some-one else.

-:- Recovery of Weapons and other articles -:................


172.

In order to establish the aforesaid material part of the investigation,

the prosecution has examined near about 20 pancha witnesses. The prosecution

.. 80..
has came out with the theory that the accused 1, 2, 3, and 5 as well accused 4
and 7 whilist in police custody, made certain voluntary disclosures and in
pursuance of that disclosure, showed the place wherefrom the objects were
recovered. Thus since the aforesaid objects have been recovered on the disclosure
made by the accused, according to the prosecution, this is one of important
circumstantial evidence.
173.

In order to prove the aforesaid fact, the prosecution has examined the

first pancha witness-Nilesh Jadhav as PW-2(Exh. 45). From the perusal of


statement of witness-Nilesh Jadhav, it will find that he was serving such as
Extension Officer in Panchayat Samiti, Malwan. Suresh Prabhu-Khanolkar, the
brother of I. O., was his immediate boss. The another pancha-Junior AssistantGurudatta Parulekar was also serving in the same office.

On 26.12.03 the

aforesaid witnesses were called by police in Malwan Police Station where the
accused No. 1 was in police custody who made voluntary disclosure in respect to a
gun as well the name of the person to whom the same has been disposed off and
accordingly, the memorandum in the form of statement of accused 1 came to be
recorded under his signature and the pancha witnesses attested the same.

In

pursuance of that statement, accused 1 led police and pancha witnesses to


Tukaram Gavade and at the direction of accused 1, Tukaram Gavade produced the
gun which was concealed beneath the dry leaves of cashew trees. It was a country
made muzzle loader gun, 46 inches in length.
174.

The cross-examination of this witness warrant that he has denied that

he acted under the influence of his immediate boss to favour the police. He also
has denied that he signed the papers in the Police Station and on account of direct
influence of his boss, he has been deposing against the accused. Thus it will find
that the statement of this witness made on oath in respect to memorandum
founded on the voluntary disclosure and production of article in pursuance of
memorandum has been duly proved.

It is submitted that the prosecution is

expected to examine independent pancha witness and thus the statement of both
pancha witnesses is not reliable. True it is that as far as possible, local pancha
should be examined.

But it is not a rule but it is a guideline and in case of

exigency,any person can be examined as a pancha witness. Section 27 does not


disclose or make it compulsory to record memorandum in presence of pancha
witnesses or to make seizure of object produced in presence of pancha witnesses.
Thus drawing panchanama and examination of pancha witnesses is a rule of

.. 81 ..
caution.

It is not a rule of law.

Thus mere fact that local pancha was not

examined will not be sufficient to discard the the statement of the witness.
175.

The prosecution has examined another pancha witness-PW-3-Santosh

Babaji at Exh. 49. From the perusal of his statement, it will find that on 23.12.,
25.12., 26.12., 27.12. and 14.1.04, the police called this witness to act as pancha
witness alongwith other pancha witness and on 23.12., the accused 1 made
voluntary disclosure in respect to the place where iron rod and some parts of cut
gun were concealed at Gaonkarwadi. Thus memorandum was drawn under the
signatures

of

pancha

witness

and

accused

and

in

pursuance

of

said

memorandum, the accused led them police and pancha witnesses to Gaonkarwadi
near the house of accused 7-Suryakant and then they proceeded to Gadhi and the
accused 1 produced one iron rod, one part of gun with two barrels and some parts
and one butt, the part of muzzle loader gun, were produced from and beneath the
black berry bush and all these articles came to be seized under panchanama Exh.
51.
176.

On 25.12. again accused 1 whilist in police custody made voluntary

disclosure in presence of pancha witnesses and expressed his desire to show the
place where he burnt the clothes and papers and accordingly, memorandum of
statement of accused 1 was drawn under the signature of accused and pancha
witnesses and in pursuance of that statement, once again, the accused led police
and pancha witnesses to the house of Gaonkawadi near the house of accused-7Surykant and he took them to the spot known as Babacha Amba and showed the
spot where ash was present and on taking search of ash, hooks of the pant were
found on the spot and police seized the same by drawing panchanama at Exh. 53.
177.

Again on 26.12., the accused 2 whilist in police custody made

voluntary disclosure before the witness and another pancha-Shankar Sandav to


produce a brief case concealed at Nandos.

Accordingly, the memorandum was

drawn and in pursuance of that memorandum, the accused, led the police and
pancha witness to the place known as Gadhi at the hillock of Nandos and
produced one grey coloured brief case which was concealed in bush.

It was

broken and containing part of daily newspaper Navakal dtd. 13.11., Talisman
with thread, blood spots were present on the outer side of the brief case and those
articles were seized under panchanama at Exh. 55. On 27.12.03, it was accused 3
who whilist in police custody made voluntary disclosure of the place where he

.. 82 ..
concealed the jacket.

Accordingly, memorandum was prepared under the

signature of accused 3 and accused 3 led police and pancha witnesses to the said
spot known as to the house of A-7 and he went in the house and from one room,
accused No. 3 brought a suit case and opened the same wherein one jacket which
was kept in carry bag below 5 pants and shirts, was produced. A jacket was blue
in colour. It had blood stains. Further the jacket has no lower lace. One visiting
card of accused 1 was also found there and those articles were seized under
panchanama.
178.

Again on 14.1.04 at about 10 a. m. Malwan police called the pancha

witness into Malwan Police Station where accused No. 1 was in police custody and
he made a voluntary disclosure expressing his desire to disclose the place where
the waist belt and shoes of victim Thakre were concealed and in pursuance of that
memorandum, accused No. 2 led the police and pancha witness to the spot known
as Nandos Revatiwadi and accused 1 proceeded further and by putting his hand
inside the bamboo cluster, produced pair of sandals and waist belt made of leather
and police seized the same under panchanama of seizure at Exh. 60.
179.

From the perusal of his further statement, it will find that on 10.1.04,

accused No. 1 made a voluntry disclosure to show the spot of offence but needless
to state that the memorandum and recovery of article under section 27 relates to
the facts distinctly related with the place and recovery of the object and thus when
there is no recovery, the same can not be brought within the ambit of Section 27 of
Evidence Act since section 27 of Evidence Act has been founded on the doctrine
relating to the confirmation and this confirmation relates to voluntary disclosure
made by accused in respect to the place where the object has been concealed and
the confirmation confirms when the object has been recovered from the very place.
Thus what is the confirmation is the place and what is produced is the object.
Thus without there being object, Section 27 of the Evidence Act has no
application.
180.

As against that, now from the perusal of the cross-examination of the

statement of the witness, it will find that as usual credibility of the witness has
been attacked alleging that the witness is a stock witness of police. The witness is
involved in criminal cases and is always favouring the police.

The witness is

reporter of the newspaper and hence, he has to visit the Police Station time and
again and hence, he is supporting the police. The articles produced were not

.. 83 ..
properly sealed, if sealed they were not properly waxed, if waxed, the labels were
not properly affixed and so on.
181.

Thus it will find that there is absolutely no substance in the cross-

examination of the witness taken.

The pancha witness, as already discussed

above, is a rule of caution and not a rule of law. He may be usual pancha witness
of a particular Police Station but the defence has to expose so as to establish that
he is not worthy of credibility of the witness. Thus when the statement made by
the witness has been duly corroborated with the articles on record, it is clear that
the statement of such witness can not be discarded on one or other ground. What
is more important is that the aforesaid articles were referred to Chemical Analyst
and the Chemical Analyst has recorded his opinion on Chemical Analyst's report
at Exhs. 616 wherein it has been clearly observed by Chemical Analyst that he
noticed human blood on the body of the muzzle loader, knife, barrel of the gun,
and so on.
182.

It is to be noted that I was taken to the fact that in the envelopes where

some articles were kept additional slips containing names of the pancha witnesses
and their signatures were found kept in and it was submitted that a buffer stocks
of labels and slips with the names of pancha witnesses and their signatures were
already prepared by the Investigating Agency and inadvertantly the additional slips
were also kept in the envelope in which the seized articles were found. True it is
that, this practice needs to be deprecated. However, the facts on record warrant
that the additional slips found in the envelopes were not used and the envelopes
referred had the slip which had signature of the pancha witnesses examined.
After considering the width and breadth of the case in hand, it is clear that such
laxity is permissible provided so far it is not causing prejudice to the defence.
183.

The prosecution has examined pancha witness-PW- 6-Surendra

Bodaye at Exh. 75 in order to prove the recovery of knife from A-5 and according
to the witness-Surendra, on 5.1.04 whilist in police custody, A-5 made voluntary
disclosure and expressed his desire to disclose the place where knife has been
concealed.

Accordingly, memorandum has been drawn at Exh. 76 and in

pursuance of that memorandum, A-5 led police and pancha witnesses to


Gaonkarwadi hill in between the electric pole and telephone pole and by inserting
hand from and beneath the bush, A-5 produced a knife which had wooden handle
with red and green rings. Once again from the perusal of the cross-examination of
the witness, it will find that the witness has affirmed the fact that the accused was
leading the way.

.. 84 ..
184.

Thereafter the witness was taken to the portions marked with

alphabets-A-1 and A-2 from the panchanama and the witness has stated that he
has not stated those contents of panchanama but from the perusal of those
contents, it will find that it is a formal description of the crime No., names of the
Police Officers, and Constables who were present at the time of panchanama. It is
the general practice that a panchanama is always written by the police personnel
and the substance of the panchanama is read over and explained to the witness,
though it is written in the panchanama that the panchanama is written under the
instructions of the pancha witnesses. So the portions marked with A-1 and A-2
can not be said to be contradiction or omission and definitely the same cannot be
said either to be admission or suspicion, the benefit of which can be given to the
witness.

Barring this, absolutely there is nothing on record to challenge the

witness on the production of knife by A-5.


185.

The prosecution has examined one more witness Vishwanath Yadav as

PW-25 (at Exh. 159) as pancha witness. From the perusal of the statement of this
witness, it will find that he is businessman dealing in sale and purchase of the
building material at Borivali west. On 30.12.03 he was called by M.H.B. Police
Station to act as panch witness. He noticed that A-5 was in the custody of police.
Shinde expressed his desire to show the shop of goldsmith to whom he sold a ring
of gold and accordingly police recorded statement of the witness in the form of
memorandum.

It was attested by pancha witnesses and countersigned by the

police. The accused led the police and pancha witnesses near the lake at Eksar
near Bhavdevi temple and led to the house of one Goldsmith and on knocking the
door, he opened the door, saw A-5 and at the direction of A-5, he brought ring of
gold from the house and delivered the same to the police. He also produced one
book containing the carbon copy of the receipt. Police seized the carbon copy as
well as ring under panchanama at Exh. 161. Thereafter A-5 made a disclosure
that through his father,he has paid Rs. 50000/- to a person by name Patil and led
the police and pancha witness to the house of Patil and on asking by A-5, Patil redelivered cash of Rs. 50000/- to the police and it was seized under panchanama at
Exh. 162. A-5 then led the police to his house and asked his mother to produce
Rs. 50000/- given to her and the mother of A-5 produced the amount and police
seized the same under panchanama at Exh. 163.

A-5 produced one full pant

black in colour and one T shirt of purle colour, one pass book of Maratha Bank,
one underwear or half pant from the cupboard and police seized under
panchanama Exh. 164.

.. 85 ..
186.

The cross-examination of this witness, warrant that he was not well

versed with Marathi but the police-men were translating the contents of
panchanama in Hindi. He has denied that the statement of A-5 or contents of
panchanama were not translated to him by the police. Further, according to him,
the gold ring was packed in Khaki envelope present before the Court.

The

envelopes were labelled by the police with the signatures of pancha witnesses.
This work of labelling envelope was completed in the house of goldsmith Garate.
He has also deposed that he does not know why police did not record
memorandum of A-5 and statement of Hariram Patil but it is to be noted that
seizure of Rs. 50000/- from Hariram Patil, seizure of Rs. 50000/- from mother of
the accused, is not part of memorandum under section 27 of Evidence Act but it is
mere seizure under seizure panchanama.
187.

The prosecution has examined witness Ashok Todankar as PW-21 at

Exh. 141 and from the perusal of his statement, it will find that he acted as a
pancha witness by attending MHB Police Station on 30.12.03 and accused No. 1
was in the police custody who expressed his desire to show the place where a ring
of gold and chain of gold has been concealed and also disclosed the said place as
Mhatre Chawl. His statement was recorded in the form of memorandum and in
pursuance of that memorandum, accused 1 led police and pancha witness to his
room at Mhatre Chawl and accused 1 produced from one plastic satchel
containing chain of gold and a ring of gold which was concealed in a gap of roof
and rafter. The chain had a pendant and on one side of the pendant, a statue of
Lord Ganesh was carved and on the other, statue of Lord Tirupati and a chain was
like wire. The ring of engraved idol of Lord Ganesh was also produced. Police then
called goldsmith Garate who verified the genuineness of the articles, obtained the
certificate and seized those articles under panchanama.

Further search of the

house of accused was completed and thereon two pass books standing in the
name of Sangita More and Amit Shinde of Maratha Cooperative Bank and
Maharashtra Bank came to be seized.
188.

As against that, the cross-examination warrant that the chain of gold

and ring of gold were not packed in the envelope in which they were produced
before the Court and those articles were not kept in the plastic satchel.

The

witness was resident of Malwan and he had been to Mumbai in order to see local
leader and he saw I. O.-Prabhu Khanolkar who took

him to M. H. B. Police

Station. Further it will find that the witness was asked right from east west about

.. 86 ..
the details of the house of accused 1 and the witness has furnished the
information in accordance with his memory. It is also in his statement that he has
been involved in 2 to 4 criminal cases but has claimed that they are on account of
political agitations of Rasta Roko. It is also in his evidence that he was tried in
Sawantwadi Court for an attempt to commit murder but was acquitted. He has
admitted that he had good relations with the police and has admitted that the
panchanama does not disclose that the accused was in veil.

But has affirmed

about the voluntary disclosure made by accused and production of the articles by
the accused.
189.

As against that, witness-PW-22-Anil Garate at Exh. 145 has affirmed

the facts as stated by Councillor-Ashok Todankar and has admitted that A-5 was
brought to his house by the police and at the instance of accused 5, he produced a
gold ring and carbon copy and then he went to house of accused 1 and after
asserting the genuineness of the ornamental gold, issued a certificate. Then in
his cross-examination, he has affirmed the fact that he had purchased ring of gold
for Rs.1000/- from accused 5 under receipt and the entry is present in the bill
book about the purchase of ring from accused 5. He has admitted that police did
not seize those bill books and receipt from him. He has denied that the ring of
gold-Court Art. BL was purchased by him on 30.12.03 from Ramesh Jwellers.
190.

Police has examined witness-Chetan Raut as PW-47 to prove the

recovery of Rado Wrist Watch belonging to deceased Mali. The prosecution has
also examined witness-Janardan Ambekar as PW-48 at Exh. 267.

From the

perusal of statement of Janardan Ambekar, it will find that on 29.12.03,he was


called in M.H.B. Police Station to act as pancha witness. Accused 5 was in police
custody and he expressed his desire to produce the wrist watch from person by
name Chetan Raut. Accordingly, his statement was recorded in pursuance of that
memorandum and in presence of the pancha witnesses, A-5 led the police to the
house of Chetan Raut and Mahesh asked Chetan Raut to produce the wrist watch
delivered to him and Chetan Raut produced the Rado make wrist watch. It had
oval shape golden dial golden belt. The word Rado was engraved on the dial.
Arrangement to see day and date was present and more particularly lettersKNP
were engraved on inner side clip of belt. Accordingly, police seized the same under
panchanama. From the perusal of the cross-examination of this witness, it will
find that throughout searching cross-examination nothing has been found to
describe as omission, contradiction, or admission ultimately challenging the

.. 87 ..
creditworthiness of the witness.
191.

On the other from the perusal of statement of Chetan Raut as PW-

47(Exh. 265), it will find that he has conceded the fact that said wrist watch was
kept by the accused with him and at the direction of A-5, he produced the said
wrist watch before the police and police seized the same. The cross-examination of
the witness warrant that the witness has affirmed the fact that he was knowing
accused 5 right from school days since they were studying upto 10th standard and
accused 5 then opened a rationing shop whereas accused 2 was his cousin and
visiting the house of the witness for the purpose of delivery of food-grain. Further
it is in his evidence that there was a public discussion on the subject of arrest of
both Shindes in connection with serial murders.

Thus this is the sum and

substance of the cross-examination of the witness.


192.

So it will find that by examination of Ashok Todankar, Anil Garate,

Vishwanath Yadav, Chetan Raut and Janardan Ambekar, the prosecution has
succeeded in producing the ring of gold, chain of gold and ladies ring of gold and
Rado Wrist watch through accused 1 and A-5.
193.

From the perusal of the statement of pancha witness-Zilu Khot as PW-

29(Exh. 176), it will find that on 2.1.04 , accused 1 was in police custody. He
made voluntary disclosure and expressed his desire to show the place where butt
of gun has been concealed and shall disclose the place and his statement came to
be recorded under his signature in the form of memorandum.

The panch

witnesses attested the same and I. O.-Prabhu Khanolkar countersigned the same.
In pursuance of that statement, accused led the police to the house of Appa
Shridhar @ Tukaram Gavade near Dharvas hill, at Gaonkarwadi Nandos and there
Santosh led police and pancha witnesses in between two trees and produced a
butt of gun from the grass. It was black in colour, 3 to 3 and half ft. in length.
The same came to be seized(Court Art. CE) under panchanama at Exh. 178.
194.

Again on 11.3.04 the witness was called in the Police Station between

1.30 to 2 p.m. And he was informed by Gosavi that while taking search on
footway, they spotted one bag containing ammunition and same has to be seized
and accordingly, it was seized.

There were small glass bottles containing gun

powder, lead balls, fire cracker capes, brass capes and small quantity of coir. The
same came to be seized under panchanama at Exh. 179. The cross-examination

.. 88 ..
of this witness warrant that the houses of persons by names Gagangras, Shinde
have been situated on the footway and the witness has admitted that houses of all
persons except Nandoskar are situated by the side of footway near his house. The
witness has expressed his inability in respect to the ammunition found and its use
and has conceded that the contents in respect to the same in the panchanama has
been written by Gosavi and he does not know anything about it. Thus it will find
that it is redundant cross-examination. What is material is the box was found
containing 5 bottles and 5 bottles were containing gun powder, lead balls, coir
etc.. How it is to be used, in which gun it is to be used is not material to establish
the seizure. Hence, it can safely be said that the witness has stood satisfactorily
to the entire cross-examination.
195.

In order to prove arrest of accused 1 on 22.12.03, the prosecution has

examined witness-Vasudeo Gaonkar. The panchanama of arrest of accused 1 is at


Exh.196. Further according to him, on 29.12. police caused arrest of accused 4Tanaji vide panchanama at Exh. 198 and seizure of clothes on his person vide
Exh. 199. On 25.12.03, the witness was called in Malwan Police Station to act as
a pancha witness to the panchanama of seizure of articles on the person of dead
bodies and accordingly one Police Constable Rane produced one white torn half
shirt containing a panama cigarette, one pair of sandals, one gunny bag, one
underwear and some articles as articles found on the person of DB-1 brought from
Miraj under panchanama at Exh. 200.

Head Constable-Rane

clothes and articles found on the person of

DB-2 and 3.

also produced

The articles were

inclusive of soiled clothes, belt, gunny bag, etc.. One white metal ring containing
one white precious stone found on the person of DB-2, one belt, one parrot colour
full pant of DB-2 under panchanama at Exh. 201 whereas soiled torn underwear,
banian, handkerchief came to be seized as articles found on DB-3 under
panchanama at Exh. 202.
196.

Hawaldar Lohakare produced one full pant of violet colour, full

shirt,one waist band (thread), banian and underwear, as articles of DB-4 under
panchanama(Exh. 203).

Hawaldar Lohakare also produced full pant, full shirt,

belt, torn banian and underwear as Articles found on the DB-5 vide panchanama
at Exh. 204. Police Constable-Padval produced chocolate coloured half pant, waist
band (thread ) as articles of DB-6 under panchanama (Exh. 205). Constable by
name Gavare or Bhavare produced one elastic pant and underwear and two pieces
of hair clips as articles of DB-7 under panchanama(Exh. 206).

.. 89 ..
197.

Further it is established from the statement of this witness that on

26.12.03 at 1.15 p. m. in presence of another pancha-Mayekar, one note-book


containing entries of passengers from Mayur lodge from Malwan came to be seized
under panchanama at Exh. 206.

On the very day, at about 11 p. m., he was

called in the Police Station and in his presence accused-5-Mahesh Shinde came to
be arrested under panchanama of arrest vide Exh. 208. On 31.12. one underwear,
banian, one Kargota found on the person of DB-8, came to be seized under
panchanama at Exh. 209 which was produced by Hawaldar-Supal. On the very
day, Constable-Gosavi produced one Talisman having black thread and one torn
banian as articles found on DB-9 and those articles came to be seized under his
signature vide panchanama at Exh. 210.
198.

Again on 4.1.04 police called the witness in Malwan Police Station for

seizure of two Mobiles of Nokia make and Samsung make and they came to be
seized under panchanama at Exh. 211. The witness has then identified all these
articles referred to above. During his cross-examination, the witness was referred
with the articles individually and the witness has rightly recorded the answers
regarding the police constables producing the same alongwith details of the
articles. His cross-examination further indicates that the witness is an auto
rickshaw driver. He has acted as a pancha witness on one or two occasions but
has denied that he is stock pancha. He has denied that he is involved in criminal
cases with Malwan police. He has denied that he is recorded history sheeter in
theft cases of Malwan Police and has deposed that he is Police Patil since last 7 to
years. He has affirmed that every time article seized were wrapped in paper and
they were labelled and twine was tied around the articles.
199.

Finally it will find that it was suggested that being a Police Patil, he

had good relations with the police and hence he has signed all the panchanamas
at one and same time and no panchanama was drawn in his presence.

The

witness has denied a suggestion. However, the witness has admitted that police
officer is his senior officer in the sense that he is Police Patil. He has admitted
that articles like waist band, twine, hair clips,cigarette, are easily available in the
market. But has denied that he could identify all those articles since they were
shown to him before recording his evidence and the witness has denied the same.
200.

The prosecution has examined Babal Nandoskar PW-32 (Exh. 216) to

prove the recovery of one country made revolver and some pellets from the custody

.. 90 ..
of accused 4. According to witness-Babal, on 2.1.04 at about 7 p. m. he was
called at Katta Police Out Post and accused 4-Tanaji was in the custody of police
and he expressed his desire to disclose the name and place, stating that it was
accused 1 who gave him one revolver and some pellets for concealment and has
concealed them at Gaonthanwadi and accordingly, memorandum was drawn and
in pursuance of that memorandum (Exh. 217), accused 1 led to Police and pancha
witness to Gaonthanwadi.

Accused then led to police and pancha witness to

partly demolished house close to the house of Dattaram Gavade and therefrom
accused No. 4 produced one plastic bag containing one revolver some pellets kept
beneath the dry leaves near the trunk of Shivan tree. Those articles came to be
seized under panchanama at Exh. 218.

The cross-examination of this witness

warrant that he was also Police Patil upto 2004. He has denied that children of
Nandos take their cattle for grazing to the plateau of Nandos. He has admitted
that Ashok Nandoskar had taken meeting of the villagers and in the meeting the
commission of the offence was condemned. He has denied that he was removed
from the Police Patilship on account of dereliction in duty. Thus it will find that
nothing has been brought on record to suspect the credibility of the witness.
201.

The prosecution has also examined Hemant Malkar as PW-33 at Exh.

219 to prove the recovery of mobile which was concealed beneath the laterite stone
on 27.8.04 and according to the witness, boy by name Santosh Yadav showed the
spot and on moving laterite stone, one mobile was found kept in a plastic satchel.
It was white mobile of Reliance LG make and it was seized under panchanama
(Exh. 222).
202.

In order to prove recovery of mobile at the instance of A-5, the

prosecution has examined PW-41-Dilip Tripathi ( Exh. 253) and from the perusal
of his statement, it will find that initially the accused 1 was plying his auto
rickshaw on hire and was paying Rs. 80/- per day to the witness against the
driving the rickshaw for 8 hours. Accused 5 was running rationing shop and A-2
was his cousin and A-2 was providing hand delivery of grocery articles purchased
from the shop of A-5. According to the witness, on 3.12.03, A-6-Mahesh Shinde
told him that he has one mobile for sale.

He showed the same and then the

witness purchased it from A-5 for Rs. 2000/-. On 29.12., police came to him and
A-5-Mahesh and asked about the mobile and the witness informed that he has
disposed it off to the shop owner at Dahisal and witness led them to said shop
owner. Mr. Amarsinh produced the said mobile and police seized the same.

.. 91 ..
203.

His cross-examination indicates that before arrival of police he was

aware of the fact of arrest of A-5 by police in connection with serial murder.

He

also had seen the T.V.news. He has affirmed the fact that the mobile was disposed
off by A-5 to him and despite rigorous cross-examination, it can safely be said that
the witness has stood satisfactorily to the same. The witness has affirmed that he
has stated before police that A-5 asked him to produce the mobile given by him
but he does not know why it is not present in his statement. It was suggested that
the witness has criminal record and the witness has denied the same.

Thus

without there being any material, wild suggestions have been made to challenge
trustworthiness of the witness.
204.

The prosecution has examined PW-42 Manoj Ravindranath ( Exh. 255)

to establish the very fact of the recovery of mobile at the instance of A-5 via Dilip
Tripathi.
205.

The prosecution has examined PW-43--Anant Shridhar Abhyankar at

Exh. 258 who is neighbour of A-3-Yogesh and according to him, on 29.12.03 at


the request of API-Mungekar he stood as pancha for the house search of accused
No. 3 and in the said search, police search police searched wooden cupboard, saw
some clothes of A-3-Yogesh but since no blood stained were found or any
incriminating material was there, the clothes were not seized but police seized two
bank pass books, one R. C. book of Hero Honda,a key of bike under panchanama
at Exh. 259. The R. C. book was not in the name of Yogesh-accused No. 3 but it
was in the name of some unknown person. The cross-examination of this witness
warrant that again he was asked about difference of pasting of label and tying of
label with twine and has admitted that articles seized before him were not in very
condition of packing as they were at the time of seizure and those wrappers are
not before the Court. Further he was referred with two envelopes in which articles
were kept bearing his signature on the labels pasted on it marked as DV-1, DX-1
and the witness has deposed that those articles were not wrapped in those
envelopes and labels were not affixed in his presence but it is clear that no more
weightage can be given to such answers as the article seized is R. C. book, pass
book of the bank which can not be tampered with and on the other, statement of
account of the relevant bank has also been produced on record.
206.

The prosecution has examined witness-PW-44 Ankush Solanke Exh.

260, who has claimed that at the instance of A-5, he prepared one kitchen knife

.. 92 ..
and

one butcher's knife from automotive leaf (Pata). The witness prepared the

same against Rs. 300/- and after preparing the articles, the witness delivered the
same to the A-5. The knife was having two oil paint rings, one red and one green
on the handle. The knife had total length of about 14 inches. The butcher's knife
was also having length of 14 inches. During his cross-examination, the witness
has admitted that after manufacturing the article, he saw the same for the first
time in Court. He has denied that the knife sold by him to the accused had an
iron handle. The witness was referred to his statement recorded by the police and
the witness has stated that he can not tell why it is not mentioned in his
statement that the knife had wooden handle with two oil paint rings in red and
green colour. He has denied that he has stated to the police that the knife had iron
handle.

Witness has conceded that he has stated to the police that knife had

length of 10 inches.
207.

From the perusal of rest of his cross-examination, it will find that the

witness has deposed that automotive leaf holds curving to both ends and the leaf
brought by the witness was without curve. It is suggested that every automotive
leaf contains curvings to both ends but suffice it would be to say that the question
itself is incorrect as only main automotive leaf hold curving to both ends. The
witness has admitted that the knives can be prepared from files and files hold
lesser thickness than automotive leaf. The file possesses 4 surfaces with square
designs carved on the file. The witness has also admitted that the Court Art. AE
has rough two surfaces and horizontal and vertical lines from all the sides. The
witness has claimed that cross design can appear on account of hammering. The
witness has denied that the said knife has been prepared from industrial file. I
have gone through Art.-AE-knife and it is apparent that it is not made from
automotive leaf but the same has been made from box file. Thus at the most what
is established that A-5 get done one knife from the witness but the knife before the
Court is not the very knife. As against that, the C.A.'s report at Exh. 616, warrant
that the knife seized from A-5 and produced before the Court as Court Article, had
human blood stains. Thus it is clear that the weapon before the Court has been
used in crime though the same has not been prepared by witness Solanke.
208.

On behalf of the defence, it has been submitted that nowhere it is in

the evidence that barring the house of accused, the places allegedly shown by the
accused whilist in police custody were private places or individual places and
hence, it is submitted that the discoveries have been made from public place and

.. 93 ..
as such, no evidenciary value can be attached to the same. However, the evidence
on record warrant that there is no positive evidence to infer that the places
wherefrom the discoveries have been

made are public places .

In the second

place, it is also in the evidence that the articles produced were concealed either
under laterite stone or the bamboo cluster or beneath the heap of leaves and so
on. Thus even though it is assumed for the moment that the articles were hidden
in public place, yet it was not visible to anybody and everybody and the knowledge
of that place was only to the accused alone. Thus the concealment of object at a
particular place and making voluntary disclosure of the said place, was within the
special knowledge of accused alone. So naturally it cannot be said that simply
because the articles were found in public place, it was known to anybody or
everybody.
209.

On considering the entire evidence on record, it will find that iron rod,

sword, knife, cut part of the guns more particularly butt, were used in commission
of the crime. C. A.'s report (Exh. 613 and 616) warrant that human blood stains
have been found on all the aforesaid articles. As against that, from the perusal of
statement of Dr. Jintukar, it will find that the major cause of the death of victims,
was skull fracture.

Thus all the probabilities warrant that the weapons seized

were used in commission of the crime and the probability that the victims met to
death by use of aforesaid weapons, cannot be ruled out.

-:- LODGING REGISTERS. -:.........


210.

In order to establish the guilt of the accused and to complete the chain

of circumstances, the prosecution has placed reliance on the Lodging Registers of


Konkan Plaza, Kankavali, Pallavi Lodge, Kankavali and Mayur Lodge, Malwan.
The case of the prosecution is that by inducing persons in financial straits, the
accused were bringing them from Bombay to lodges of Kankavali and Malwan. The
accused were taking care to see that the tickets of all those victims shall be
purchased by the accused in fictitious names and further care was taken to see
that the tickets shall not be purchased in the names of victims. After bringing the
victims to Kankavli or Malwan, the accused were taking care to see that they shall
be inducted in the above-referred three lodges and thereto the accused No. 2 was
booking the rooms by referring his false names as Samir Sonavane, Amit Shenoy,
Anil Jadhav etc.. Thus here too the care was taken to see that the names of
victims shall not appear in the register. Now the case of the prosecution is that

.. 94 ..
the accused No. 2 was making entry in the registers and putting the signatures as
well making payments. Hence, during the course of investigation, the prosecution
seized the Lodging Registers as mentioned in Konkan Plaza and Pallavi at Kanavli
and Mayur at Malvan. The relevant entries thereon were marked and the specimen
handwriting and signature of accused No. 2 was taken and the same was referred
to the Examiner of the document and Handwriting Expert.

The Handwriting

Expert recorded his opinion that the relevant entries tallies with the admitted
specimen of handwriting of A-2 thereby establishing the fact that all those entries
were made by the accused No. 2 in fictitious names in his own handwriting and
signatures.
211.

The prosecution has examined PW-46-pancha witness-Satish Prabhu

at Exh. 263. From the perusal of the statement of this witness, it will find that on
27.12.03 police called him in the Pallavi Lodge. It was between 2.30 to 2.45.
Another pancha was present. Lodge Owner-Sawade was also present there. Lodge
owner-Sawade produced the register of the Lodge before P.I. Chavan and register
came to be seized under panchanama vide Exh. 264. The cross-examination of
the witness warrant that he does not know if one Apppa Rane was manager of
Pallavi Lodge. The witness has been cross-examined at length but there is nothing
to infer that the witness has been contradicted on any material point in respect to
seizure of the register. The witness has admitted that portion on Exh. 88 to 98 is
torn.

From the perusal of Court Art. AM, the register of Pallavi Lodge more

particularly page 91, the same has been countersigned by A. P. I. and signed by
the pancha witnesses and other.

The relevant entry is at Exh. 76.

It is dtd.

29.10.03. it is at serial No. 5 and it stands in the name of Amit Shenoy age 21.
The date of arrival is 29.10., came from Bombay for the purpose of office work
and date of departure 30.10.. Thereafter there is signature and thereafter below
the signature, figure 5 was shown. This portion was shown to Handwriting Expert
and for the purpose of analysis, he has quoted the disputed portions under Q-3/1,
Q-3/2.
212.

In this light, from the perusal of the statement of Handwriting Expert-

Deepak Wagale, more particularly on page No. 2 para 3, it reveals that the entry
on page No. 76 and the handwriting and signatures having marked as Q-3/1 and
Q-3/2 from Court Art. AM, it is also marked with Exh. 89. The result of analysis
is present on page no. 4 para 8 of Expert witness-Wagale, it will find that
according to him, the red enclosed writings and signatures marked as Q-3/1 and

.. 95 ..
Q-3/2, are written by the writer who has written the red enclosed writing and
signatures marked as S-1/1 to 6, S/2/1 to 6, S/3/1 to 6, S-4/1 to 6, S-5/1 to 6
and N-2/1 to 3. Admittedly, the handwritings and signatures marked with S are
the admitted handwriting and signatures of accused No. 2. Thus what has been
established that the entry at Serial No. 5 on page No. 76, was made by Amit
Shenoy and he had occupied the room with 4 other persons.
213.

Thereafter the prosecution has examined PW-56-Parshuram Parab at

Exh. 306 and from the perusal of his statement, it will find that on 4.1.04, he was
present in the Police Station.

Accused 2-Amit Shinde was also present in the

Police Station and in his presence, the specimen handwriting and signature of
Amit-A-2, was taken and he was asked to write the names as shown in column at
page No. 892 from the register of Konkan Plaza containing the names of Amit
Shenoy, Sonavane, Thakre, Sarge.

The police

obtained those specimen

handwriting of Amit/A-2 in addition to his signature in presence of this witness as


well another pancha-Kocharekar. Pancha witness also signed below the specimen
handwriting marked as FA to FA-5. Accordingly, the panchanama was drawn(Exh.
307). Again on the very day at about 2.45 p. m. witness was called in the Police
Station. Accused 2 was present and once again in presence of pancha witness, the
specimen handwriting and signature of A-2 was obtained in accordance with the
contents of entry No. 912 and 913 of Konkan Plaza Lodge vide panchanama at
Exh. 308.

It is also in his statement that on the very day, the specimen

handwriting and signature of A-2 was obtained as Amit Shenoy and he was also
asked to write figure 5 appearing in Pallavi Lodge register.
214.

As against that, now from the perusal of cross-examination of the

witness, it will find that witness had noted some points and dates on his palm at
the time of recording his statement in the Court. The witness was shown only one
register by the police on the date of recording his statement in the Court. It is also
in the statement of witness that he is agriculturist. He is non-matric. He has ever
acted as pancha at any time prior to the incident. He did not go through the pages
of register and as such, he could not tell the number of entries present in the
register or on the relevant page. He has deposed that entry No. 892 was shown to
him in his first visit to Police Station. It was made in blue ink and entry No. 912
and 913(Exh. 21 and 23) were also in blue ink.

Thus after considering the entire

cross-examination, it will find that the witness has established about drawing of
panchanama of taking specimen handwriting and signature of A-2 in respect to

.. 96 ..
the entries at 912 and 913 from the register of Konkan Plaza-Court Art. BA Exh.
121 and 122.
215.

Now from the perusal of PW-72 Mhapsekar (Exh,. 375), it will find that

on 27.12.03 at 1.30 p. m., he was called in Konkan Plaza Hotel as a pancha and
one Anil Korgankar was other pancha.

Amit Patil handed over the register of

Konkan Plaza in favour of P.S.I. Chavan and he showed the entry No. 892 in the
name of Sarge, Thakre and one person with starting letter S. Police showed the
witness entry No. 912 in the name of Amit Shenoy and one person. Police also
showed the entry No. 913 in the name of Patil and Pawar and there was one more
entry at Serial No. 917 in the name of Pujar and one more person. Accordingly,
the police seized the said register by drawing panchanama. The witness attested
the panchanama at Exh. 376. The witness has been cross-examined. The witness
has clarified that he signed all the material entries alongwith other pancha, PIChavan as well as Amit Patil. The witness has denied that he is deposing false at
the instance of police and that the panchanama was not at all drawn. Thus it can
safely be said that seizure of the Lodging Register has been duly proved.
216.

Finally,

from

the

perusal

of

the

statement

of

witness-Vinod

Deorukhkar-PW-8(Exh. 86), it will find that he was sweeper and servant in the
Mayur lodge which was owned by Goind More. Mayur Lodge has been situated in
the bazar peth of Malwan. On 14.11.03 at about 7 to 7.30 a. m. one person aging
40 to 45, one woman aging 30 to 35 and two boys aging 8 to 10 years and one
person aging 28 to 30 years, came to Mayur Lodge. Goind More was present. On
query of the woman, Shri. More told lodging charges as Rs. 50/- per cot. Further,
according to the witness, the person aging 28 to 30 came forward and disclosed
his identity as Anil Jadhav and owner made entry in the Lodge register as Anil
Jadhav with his family.

The witness has referred the relevant entry and has

deposed that it is in the handwriting of owner-Shri. Govind More. It was made in


the presence of the witness (Exh. 87).

Thus the relevant contents of Lodge

Register (notebook ) at Exh. 87, has been proved through witness-Deorukhkar and
it appears that since it was in the handwriting of owner, there was no occasion to
refer the same to the Expert.
217.

As against that, from the perusal of the statement of Handwriting

Expert-Deepak Wagale(Exh. 599), more particularly page 2 para 2 and 3, it will


find that he has affirmed the fact that the relevant entries present in Konkan Plaza

.. 97 ..
under entry No. 892, 912, 913 as well the signatures present thereon, belong to A2.

The Handwriting Expert has expressed his inability to give his opinion in

respect to the Q-2/3 allegedly made by A-2. Similarly, he also has expressed his
inability to give opinion in respect to the signature as Q-2/5 which was admittedly
made by one Pawar on 22.10.2003.
218.

The contents in the Note-book of Mayur Lodge, according to the

witness, have not been proved since the writer of the Note-book, has not been
examined and as such, the statement of Deorukhkar, can not be relied upon.
However, when the witness-Deorukhkar has claimed that the aforesaid writings
was made by the owner-More

in his presence and he is acquainted with his

handwriting, there does not appear any logical ground to dis-believe the witness.
Because even after considering his statement as a whole, it will find that he has
identified A-2 as well as the photographs of Mali family with the details of their
description. Thus on considering the aforesaid facts, it can safely be said that the
prosecution has succeeded in establishing the fact that DB Nos. 2 to 5 were
admitted in Konkan Plaza lodge and A-2 was main player in bringing them to lodge
and taking them out of the lodge. The entries in the Lodging Registers have been
duly established and that there does not appear any logical reason to disbelieve
the same. It will be unsafe to say that the owners of the Lodges have prepared
altogether false record only at the instance of police.

True it is that there are

certain irregularities in maintenance of the registers but ipso facto that will not
give rise to the hasty conclusions that all entries in the registers are false.

-:_ Ballistics Experts. -:...........


219.

Dr. Anil Jinturkar, Professor in Forensic Medicines, Miraj Medical

College, in his statement before the Court as well as vide his report more
particularly para 30 page 24 has deposed that fire arm injuries have been found
on dead body Nos. 1. 3. 7 and 10 and they are possible by gun-Court Art. G and
gun-Art AI and AH. The firearm injury on dead body No. 7 is possible by revolverCourt Art. CY. Further he has added that firearm injuries described by him are
also possible by gun if it was in properly assembled form, Court Art. AJ, JK, and
CE.
220.

As against that, now from the perusal of the cross-examination of the

statement of Ballistic Expert-PW-113-Shamsundar Munj (Exh. 679), more

.. 98 ..
particularly para 14 page 8, it will find that the witness in his chief examination,
has claimed that Exh.1-A M. R. No. 192 Court Art. No. DB-7-K, a bone piece and
Exh. 1-B-one piece of skin MR-192, Court Art. No. DB-7-L, Exh. 2-A and 2-B-two
bones under MR No. 193 and Court Art. No. DB-10H and DB-10H1, Exh. 3A and
3-B-two pieces of bone(sternum)-MR No. 190 Court Art.-DB-1-R, DB-1-R-1, and
finally Exh. 4-A, 4-B, two pieces of bones (sternum and scapulla) MR-191 baring
Court Art. DB-3-L1 and L-2, are the same which were referred to him and after
conducting examination, he found that circular holes observed on the bone pieces
at Exh. 1-A, 2-A, 3-A and 4-A, were consistent with passage of a circular projectile
fired from the weapon but the residues of the fired ammunition such as lead and
nitrate were not detected on them but metallic lead were detected around the shot
hole on skin piece in Exh. 1-B which was consistent with the passage of the lead
projectile. Thus no shot holes were found on bone pieces Exhs. 2-B, 3-B and 4-B
meaning thereby no metallic lead was detected around the bone pieces of DB-7,
DB-10, DB-1 and DB-3. But metallic lead was detected on the skin piece relating
to DB-7.
221.

In his cross-examination, the witness has conceded that there was no

physical presence of projectile in any of the samples referred to him (Exh. 613) and
has conceded that when metal or lead is detected in the bone hole it is inferred
that the projectile contain lead. In none of the bones, he found lead or metal. It is
also in his evidence that he did not obtain any of the samples like potassium
nitrate, sulpher and charcoal as well nitro cellulus, nitro glicerine. In respect to
the lead found in the skin piece of DB-7, the witness has deposed that he detected
metallic lead around the shot hole on the skin piece by chemical test and has
furnished the details of the chemical test that he used Sodium Rhonozonate and
PH solution and mixed them with each other and with the help of the filter, he
poured some drops on shot holes of the skin and as a result, he noticed pink
colour which ultimately indicates presence of metallic lead.

However, he has

admitted that he has not mentioned the test adopted by him in the report and
according to him, it is not necessary that validation of the test should be disclosed
in the report. It is also in his evidence that he has not indicated any reason for
not detection of G. S. R. on the clothes referred to him.

Thus what has been

established from the report of Ballistics Expert that though the holes present on
the bone pieces of DB-1, 3, 7, and 10, were appearing as shot holes caused by
firearm shots, yet there was no positive evidence to affirm the same but since lead
was detected on skin piece-Exh. 1-B in relation to DB-7, it was a positive

.. 99 ..
indication and result of use of firearm.
222.

Thus on considering the statement of Ballistics Expert on one hand

and the report of Dr. Jinturkar on the other, it can safely be said that the firearm
was used in the crime but there is no evidence to establish that the injuries
caused and allegedly noted on the bone pieces of DB-1, 3, 7, and 10, were caused
by firearm. But it has been proved to the satisfaction of the Court that the injury
found on the skin piece of DB-7 was result of firearm shot.

The another

circumstances on record warrant that the accused were moving to the plateau
with iron rod,, sword, knife, three guns and a revolver. So it can not be said that
they were carrying those weapons by virtue of coercive measure and after
considering the modus operandi, the only inevitable conclusion is to be drawn that
all the aforesaid armory was taken to cause the murder of the victims.
-:- Diary -:.........
223.

According to the prosecution, on anonymous information, the police

visited the plateau of Nandos. Initially, A.P.I. Rajendra Mungekar, P. I. and P.I.
Noormahammad Landage, had been to plateau and Mungekar noticed the dead
bodies but since it was twilight, he decided to halt on the plateau so as to draw the
panchanama of inquest, panchanama of the spot of offence, and to shift the bodies
to Oros for the purpose of post mortem. In his statement before the Court, APIMungekar has deposed that while taking search, they noticed in all 7dead bodies
and at the relevant time, near the vegetation at the bottom, he noticed one
telephone notebook-diary.

It was plastic quoted diary.

In the said diary, the

telephone Nos. and names of the persons were appearing.

A.P.I. then drawn

panchanama of the diary in presence of pancha witnesses and seized the diary. In
addition to the numbers and names, the diary was containing 7/12 extract of
person by name Kemase, S. T. D. bills and the hotel bills. He also noticed blood
stains on the said diary. Hence, the said diary was seized on 20.12.. Further it is
in his evidence that he then asked the staff members to note down the telephone
Nos. and the names of the persons on one plain paper and the said plain paper
was sent to S. P., Sindhudurg, who then asked A.P.I. Shirtikar to detect the
numbers of the said persons.
224.

Thus this diary was proved to be the lamp-house which ultimately has

led the investigation to find out the relatives and friends of the victims and it

.. 100 ..
ultimately provided the tips in respect to the culprits. The relevant telephone diary
marked with Court Art.-EC was then sent to Handwriting Expert-Deepak Wagale.
Before referring the diary, the Investigating agency realized the difficulty of
acquiring

admitted

handwriting

of

victim-Dadasaheb

Chavan.

Hence,

the

Investigating Agency referred P.S.I. Vijay Dhumal, PW-93 on 6.2.04 to visit village
Jevur, Tal. Purandar, Dist. Pune, to take search of house of Dadasaheb Chavan.
Accordingly, witness-Vijay Dhumal left Oros on 6.2.04, reached Jevur on 7.2.04
and with the help of 2 local pancha witnesses-Bandalkar and Bhopate took search
of the house of deceased Dadasaheb Chavan took search of the house of deceased
Dadasaheb Chavan.

At the relevant time, Bhimrao Dinkar was present in the

house. He then at the request of Dhumal, provided one pocket diary belonging to
the deceased containing his handwriting. The said diary had no cover. It had a
length 5 inch and width of 3 inch. It was containing 37 pages and thus the said
diary came to be seized vide panchanama Exh. 522.

The cross-examination

indicates that the witness has admitted that in the diary in dispute there was no
record indicating that the said diary belongs to deceased Chavan and barring this,
there is nothing to suspect the statement of the witness.

The prosecution has

examined the witness-Kishor Hirlekar,Police Constable B. No. 179 who carried the
original diary on 21.5.04 to the Chemical Analyst, Pune and delivered the same to
the competent authority alongwith covering letter under the signature of P.I.Landage. The letter has been produced at Exh. 531 The witness in his crossexamination has denied that he never carried the said article to the C. A., Analyst.
225.

The prosecution has also examined Dipak Bandalkar as PW-103 at

Exh. 598 to prove the seizure of diary of Dadasaheb Chavan at village Jevur.
Witness-Dipak Bandalkar was a pancha witness. His statement on record warrant
that PSI Vijay Dhumal was not knowing the house of Dadasaheb Chavan and
pancha witness-Dipak Bandalkar led PSI-Dhumal to the house of Dadasaheb
Chavan.

The other diary of Dadasaheb Chavan was produced by his brother-

Bhimrao and it was seized by PSI-Dhumal in presence of Bandalkar.

The

aforesaid diary was seized in order to obtain the specimen handwriting of


Dadasaheb Chavan to refer the same to the Handwriting Expert.
226.

Now from the perusal of the statement of Handwriting Expert- Dipak

Wagale at Exh. 599(PW-104), it will find that the disputed diary was marked as Q1/1 and Q-1/2 whereas the diary seized by PSI-Dhumal as admitted handwriting
of Dadasaheb Chavan, was marked as N-1/1 to 9. Now the report of analysis

.. 101 ..
made by Deepak Wagale vide report at Exhs. 602 and 603, and more particularly,
page 4 para 8 of his cross-examination, it will find that under point No. 1 it has
been reported that the red enclosed writings marked with Q-1/1 and!/1-2 are
written by the writer who has written the red enclosed writings marked by him as
Exh. N-1/1 to 6. It will find that much hue and cry has been raised in respect to
the genuineness of diary(Court Art. QC), it was submitted that the diary in
question allegedly found on 20.12. but it was not deposited with the Muddemal
Clerk nor the entry thereof was taken in Muddemal register for days together.
Further it is submitted that the diary is a fabricated evidence and the same can
not be relied upon.
227.

But the fact remains that though there are irregularities and the

investigating machinery was not prompt enough in taking note of it in Station


Diary as well as in Muddemal Register, the investigating agency was not even
prompt while taking the diary from Muddemal Clerk for the investigation purpose
and slackness and laxity, has been observed in making necessary entries in
necessary Registers and diaries, which ultimately raises doubt about the conduct
of the prosecution. Still the investigating agency was not knowing the families of
victims, the friends and relatives of the victims and the entries in the diary in
question ultimately provided the tips and hence, naturally the very diary has been
attacked by the defence with a view to give fatal blow to the case of prosecution.
But as against that, the another circumstances on record warrant that ultimately
the diary has proved like search light which ultimately has assisted in ascertaining
the truth.

The entire circumstances on record warrant that though there are

certain irregularities in preserving the diary and making necessary entries, yet the
defence is not entitled to get benefit thereof as laches and the faults of the
investigating agency in investigation can not give rise to the doubt of which benefit
is to be conferred to the defence. Further more, the report of handwriting expert
has ultimately supported and corroborated the case of the prosecution in respect
to the genuineness of diary and its author-the victim-DB- Dada Chavan.

-:- T. I. Parade. -:.........


228.

Finally, in order to prove the case of the prosecution, the prosecution

has also placed reliance on the T. I. Parade and for that end, the prosecution has
examined PW-79-S. G. Jadhavar at Exh. 439. On the perusal of his statement, it
will find that he conducted the T. I. Parade in Sawantwadi Jail on 16.3.04.

.. 102 ..
Thereafter he has narrated all the details observed by him in taking care to see
that the witnesses shall not see the accused to be referred in the parade and the
right and interest of the accused shall be preserved with every possible decency.
Further he also has deposed that after taking every possible precaution, he
conducted T. I. Parade and in the said parade, the accused No. 2-Amit Shinde was
identified by the witnesses namely Dhake, Pande, and Nemalekar whereas one
witness-More could not identify the accused No. 2. Then the accused 2 and 3 were
identified by witness-Chalke, Mr. Rane. Thereafter A-2, A-3 and A-5 were brought
to the parade. They were permitted to take their position as well to change the
clothes. Then witness-Dr. Rane was invited to identify the accused but he wrongly
identified one dummy as Mahesh Shinde and expressed his inability to identify
Yogesh Chavan. Accordingly, the Executive Magistrate drawn the panchanama at
Exh. 440 and the memorandum is at Exh. 441. The events noted by him have
also been produced at Exh. 442 to 444 and forwarding letter is at Exh. 445.
229.

His cross-examination warrant that this was the first experience of the

witness to conduct the T.I. and at the relevant time, he was made known that the
object of T. I. Parade is to find out an ability of the witnesses to identify the
accused.

The witness has been cross-examined at length and barring some

irregularities not causing prejudice to the defence, nothing has been brought on
record to suspect the credibility of the report. The witness has admitted that he
can not tell the number of prisoners selected by him as Dummies and Amit
Shinde-A-2 was having fair complexion and Yogesh Chavan-A-3 and Mahesh
Shinde-A-5 were dark in complexion.

Amit Shinde-A-2 is having feline eyes.

However, he has denied that Amit-A-2 is having curly hair and as such, A-2 was
immediately identifiable for want of dummies of similar nature.
230.

Here it is to be noted that T. I. Parade is one of the circumstance. It

can not take place of substantial evidence. The evidence on record consists the
evidence of relatives of the accused, relatives of deceased and friends and wellwishers of the accused as well as victims. They have come before the Court. They
have not only identified the dead bodies but they also have identified the accused.
Thus looking to the other evidence on record, the evidence of T. I. Parade can be
looked into as one of the circumstance and it can not acquire full weightage.
231.

On behalf of the defence, it has been submitted that there is absolutely

no substance in the report regarding conducting of T.I. Parade in as much as the

.. 103 ..
names of the accused and their photographs were already published in the
newspaper. The prosecution has denied the aforesaid facts.

So naturally the

defence was supposed to produce something on record to infer accordingly.


Hence, I am not inclined to accept the aforesaid submission, despite inadvertent
statement of PW-1-Ashok Nemalekar

-:- ACQUISITION OF CASH AMOUNT. -:............


232.

Now it is the case of prosecution that accused 1 was plying auto

rickshaw by way of live-li-hood and he had no other source of income.

The

evidence on record warrant that the accused 1 purchased Tata Sumo in August,
2003.

The evidence on record warrant that the accused

was indulging in

committing the crime of practicing fraud and extracting money from the people.
The accused 1 has purchased a Tata Sumo in August, 03 and this fact has also
been stated by another witness-Satish Korgaonkar, the maternal uncle of accused
1. It is also in the evidence that at the relevant time, the accused No. 1 paid Rs.
95000/- in cash and rest of the amount was raised by a finance. No explanation
is coming from the accused how he acquired Rs. 95000/-. The accused No. 1 has
denied that he purchased the Sumo.

As against that, from the perusal of the

cross-examination of I. O., it will find that it was suggested that the accused had
source of income of Rs. 26000/- per month since the accused had let his Sumo to
Internet Global Company at Rs. 26000/- per month.
233.

The prosecution witness-Satish Korgaonkar, on the other, has deposed

that the said Sumo was booked to another company in his name and out of Rs.
26000/-, he was taking Rs. 6000/- by way of salary of driver and was making
payment of Rs. 20000/- to accused 1 but this is subsequent to August or Sept.,
2003 and the basic question as to how accused 1 acquired cash of Rs. 95000/-.
The accused was under obligation to explain this fact since it was a fact within his
special knowledge. The accused has lost the said opportunity by denying the fact
that he is owner of Tata Sumo. This is material because it is only to point out that
the accused had no source of income. As against that, accused No. 2 was working
as l. I. C. agent at Borivali (Exh. 731, 732) and his commission was meagre
amount. Accused No. 3 was initially serving with Creative Computer and getting
Rs. 800/- by way of stipend and Rs. 12000/- to 13000/- per year. He left the said
job and joined Audio Visual Equipments, Rental Private Ltd. between 5.11.01 to
5.7.03 (Exh. 730) and was getting Rs. 2000/- to 4500/- per month. A-6 was

.. 104 ..
serving in Bharat Jatiya Sangh and drawing meagre amount.

It is also in the

evidence that A-5 was also operating ration shop. However, none of the accused
have made any attempt to furnish their source of income.

This is material

because the evidence led by the prosecution consists bank pass books, extracts of
account and examination of Bank official. The sum and substance of the aforesaid
evidence is that between Sept. 2003 to December, 2003 unprecedented and huge
amount was

accumulated in the account of accused

2, accused 3 as well as

Sujata More-the wife of accused 1, Sangita Shinde, sister of accused 2, Punam


Loke, the fiancy of A-2.

Huge and unprecedented amount means the amount

which was never expected to be deposited in the accounts of accused at one and
same time.
234.

From the perusal of cross-examination of Bank Officials examined by

the prosecution, it will find that the first objection of the defence was that the
extracts of accounts have been prepared from electronic data through computer
but software used by the Bankers for maintenance of the record has not been
disclosed in the account extract.

Further it is submitted that it is not known

whether the software approved by R. B. I. was used or otherwise. Further it is


submitted that Sou. Sujata More, Mrs. Sangita Shinde and Punam Loke, are not
the accused. Even their statements have not been recorded and as such, their
accounts can not be directly produced on record. As against that, so far it relates
to software one of the Bank Official has rightly replied that it is implied that the
software used has been approved by the R.B.I. and the banker has no reason to
use the software not approved by R.B.I. muchless bank has no reason to give false
statement of accounts against the accused their own customers as bankers never
act against the interest of their customers.
235.

On considering the sufficient evidence on record, it has been

established from the facts that Sujata More is wife of accused No. 1. This fact has
been repeatedly admitted by close relative of the accused before the Court . Thus
now the accused has to explain that the amounts were acquired by Sujata More
and what were the sources of her income as there is no evidence to hold that there
is divorce between accused 1 and Sujata More.
236.

Sangita Shinde is sister of accused 2 and without recording her

statement, the investigating agency can rely upon the statement of account of
Sangita Shinde and best possible opportunity that A-2 to examine Sangita Shinde

.. 105 ..
as defence witness to falsify the case of the prosecution.

So far it relates to

approved soft-ware is concerned, it is needless to state that there is absolutely no


substance in the submission.

Mere suggecio falsi and suppresio vari, does not

make out the probability. Though the burden on the defence is lighter and the
defence has to make out only the probability, yet anything can't be said to be
probable and the accused is under obligation to establish the said fact even by
giving satisfactory explanation.
237.

With this backdrop, now from the perusal of the statement of I. O. Dy.

S. P. Prabhu Khanolkar below paragraph 56,it will find that according to him,
during the investigation, it was transpired that Rs. 1,35,000/- out of the amounts
robbed from the victims was shared by accused 1 in addition to ring gold, chain of
gold, with

locket and Mangalsutra and ear-ring. The accused 2 was paid Rs.

70000/-. Accused No. 3 was paid Rs. 70000/- and Mahesh was paid Rs. 25000/-,
Rado watch, mobile of Mr. Mali, one ladies ring of gold and ladies wrist watch.
During the investigation, it was also transpired that sum of Rs. 15000/- was
deposited in the Savings Bank Account of accused No. 2. Further, according to
him, it was transpired that sum of Rs. 16000/- and Rs. 33000/- were deposited in
the account of father of accused 6 on 01.12.2003 in his Savings Bank Account
and the father of A-6 on the basis of cheque, transferred Rs. 50000/- in favour of
Hari Padam Patil.

The mother of A-5 also produced before police Rs. 50000/-

which was entrusted with her by A-5.


238.

In this light, now from the perusal of statement of witness-Anand

Vishnu Banodkar, PW-109(Exh. 670), it will find that he is the officer attached to
Bank of Maharashtra, Dahisar Branch from May, 2005. The accused No. 2-Amit
Ashok Shinde was maintaining his Savings Bank Account No. 10265 in the said
Branch. In accordance with the directions of the police, he submitted the extract
of account of the Savings Bank Account of Amit, accused 2. It bears his signature
and he has admitted the contents to be correct with necessary certificate. It is at
Exh. 647-B(Court Art. BL). The original Savings Pass Book was issued by the bank
in favour of accused 2 bearing account no. 10262. Court Art. BL-1 is duplicate
pass book issued in favour of A-2.
239.

The prosecution has examined another witness-Vijaykumar Dattaram

Sangodkar as PW-110(Exh. 671). This witness is attached to State Bank of India,


Branch-Dahisar as Branch Manager. In accordance with the directions of police

.. 106 ..
he also furnished the extract of account of accused 3-Yogesh maintained under
Savings Bank Account No. (old) 01190/033835 and it was renumbered as
10155358534. Further accused 2-Amit Shinde was maintaining his old account
No. 01190/034515 and its new No. is 10155362233.

He has affirmed that in

accordance with the directions of the police, he supplied computerized statement


of accounts of both accused at Exhs. 646-A and 646-B.
240.

The prosecution has examined 3rd witness-Krishna Parab at Exh. 672

(PW-111) who was serving in Greater Bombay Cooperative Bank, Borivali Branch
and according to him, accused No. 2-Amit Shinde, Sangita Shinde and Yogesh
Chavan were maintaining their Savings Bank Accounts in his bank. Amit ShindeA-2 was maintaining Savings Bank account No. 15046. Yogesh Chavan-A-3 was
maintaining Savings Bank account 15047 whereas Sangita Ashok Shinde was
maintaining Savings Bank Account No. 15052.

Accordingly, the Computerised

extract of account of aforesaid three customers were provided as per directions of


police at Exhs. 645-A, B, C, The witness has also affirmed that the same has been
duly signed and certified by Umesh Ranade, E.D.P.Manager and Satish
Shirasekar, the then Branch Manager and the certificate is at Exh. 645-D. The
witness has also produced the original account opening forms submitted by Amit
Shinde, Sangita Shinde, and Yogesh Chavan at Exh. 673, 674 and 675. Further
according to him, the pass books issued in favour of the aforesaid persons have
been produced as Court Article-DV(A-3), GF(A-2) and GG(Sangita). The pass book
produced as Court Art. GH belongs to Punam Loke who introduced A-1, A-2,
Yogesh-A-3, and Sangita. Further, according to the witness, on 11.11.03, sum of
Rs. 40000/- was deposited in the Savings Bank Account of A-2.

Further on

11.11.03 sum of Rs. 40000/- was deposited in the Savings Bank Account of
Punam Loke. Vide counter foils GI-1, GI-2 on 10.11.03 sum of Rs. 5000/- was
deposited in the account of A-2, vide counter foil-GJ on 11.11.03 sum of Rs.
40000/-was deposited in the account of A-3. A sum of Rs. 40000/- was deposited
on 18.11.03 in the account of A-3-Yogesh. On 20.11.03 sum of Rs. 40000/- was
deposited in the account of Sangita Shinde.
241.

Now from the perusal of cross-examination of above-referred three

witnesses, it will find that the witnesses were asked that no endorsement or
certificate in respect of software used in maintenance of pass books and extract of
account, has been shown and it is suggested that the software used by the bank is
not approved by the R.B.I. . All witnesses have denied the aforesaid suggestions

.. 107 ..
and it is replied that no such certificate is required to be issued on every extract of
account as it is implied that only software approved by the R.B.I has to be
maintained for the maintenance of accounts. Further during the course of
evidence of witness Krishna Parab, it was asked that Yogesh(A.No.3), has
withdrawn the amount by withdrawal slip on 20.11.03.

Thus the entire cross-

examination of the witnesses taken, warrant that the defence has totally failed to
prove that the accounts maintained and the extracts produced, are false, frivolous,
or incorrect. On the contrary, the trend of suggestions warrant that the defence
has conceded the fact of maintenance of Savings Accounts by the accused in the
above-referred banks. Sangita Shinde is sister of A-2 and Punam Loke is fiancy of
A-2.

It is submitted that the statement of aforesaid witnesses have not been

recorded. They have not been examined and as such, the pass books as well the
extracts of accounts standing in the name of Punam Loke can not be read in
evidence. Similar submission was also made in respect to Savings Bank Account of
Sujata More, the wife of accused 1.

This is criminal proceeding.

Every fact

relevant to the fact in issue, is admissible and on the contrary, due opportunity
was with the defence to give proper explanation in respect to the amounts
deposited in their Bank Accounts. Admittedly the accused have denied that they
were maintaining such pass books and as against that, it is needless to state that
the Bank Officers have no reason to open false accounts in the name of accused
and their relatives and to deposit the amounts in their accounts. It is also the
case of prosecution that it was A-1 and A-2 who were depositing amounts in the
Savings Accounts of Sujata More, Sangita Shinde and Punam Loke. Hence, the
evidnece led by prosecution is admissible.
242.

Thus it will find that the accused by not furnishing any explanation in

respect to the fact which was within their special knowledge, have ultimately
conceded the contents of the pass books, and extract of accounts and have failed
to give plausible explanation as to how the aforesaid huge amounts were tendered
in their accounts in one or two or three stroke in one and the same month. With
this back drop, it is to be remembered that all victims, according to the
prosecution, were robbed and killed in Sept., October and November, 2003.
243.

Vidhyadhar Rawool examined by the prosecution as PW-112 Exh. 676

is serving such as Branch Manager in Maratha Sahakari Bank Ltd. And according
to him, savings bank account of Sujata Gajanan More was opened in his bank
and it was bearing Savings Bank Account No. 34021. In accordance with the

.. 108 ..
directions of the police, he issued an extract of account at Exh. 648A with the
certificate at Exh. 648-B.

Further according to him A-3-Yogesh was also

maintaining his savings bank account 35093 in his bank (Court Art. DW). A-6Mahesh was also maintaining his savings account No. 32157 in his Bank (Court
Art. DU) whereas the pass book issued in favour of Sujata Gajanan is Court Art.
BK. Further according to this witness, vide pay slip Court Art. GN1, the amount
of Rs. 45000/- was deposited in the account of A-2-Amit on 19.11.03. Further
vide counter foil Court Art. GN2, on 19.11.03 sum of Rs. 20000/- was deposited
in the account of Yogesh Madhukar.

The cross-examination of this witness

warrant that the software to be used in maintaining the statement of account is to


be authenticated by R. B. I.. The statement of account and certificate does not
indicate that the accounts have been maintained by software approved by R.B.I..
Thus it is clear that the explanation offered by one of the witness aptly applies
here too as it is implied that the Banks have to obey the directions of R.B.I. And
Banking has to be performed in accordance with the directions of R.B.I.
244.

In this light, now from the perusal of the extract of the account of

Kerubhai Nanaji Mali at Exh. 587, it will find that on 13.11.03, sum of Rs.
3,10,000/- was withdrawn by him from the Bank. Now from the perusal of
extracts of account Exh. 645-A, to 645-D and 646-A to 646-C, 647-A, 648-A, it
will find that sum of Rs. 15000/- and Rs. 13000/- was deposited in the account of
Amit Ashok maintained in the State Bank of India on 3.10., 6.10. whereas sum of
Rs. 5000/- and 40000/- was deposited in the account of A-2 maintained in
Greater Bombay Bank on 10.11. and 11.11.. Sum of Rs. 7000/- was deposited in
Bank of Maharashtra on 5.11. and sum of Rs. 15000/- was deposited in S.B.I.
account of A-2

on 10.11..

Further it will find that sum of Rs. 5000/- was

deposited in the account of Yogesh-A-3 on 18.11 and 20000/- on 19.11. In


Maratha Sahakari Bank, sum of Rs. 5000/- and Rs. 40000/- on 10.11. and 11.11.
and amount of Rs. 40000/- on 18.11. in his account maintained in Greater
Bombay Bank and sum of Rs. 30000/- was found deposited on 19.11. in the S. B.
I. account in addition to sum of Rs. 10000/- on 1.10. and Rs. 5000/- on 3.10..
From the perusal of account of Mahesh Shinde-A-5, it will find that sum of Rs.
4000/- on 31.10., Rs. 10000/- on 4.11., and 3000/- on 28.11. in Maratha
Sahakari Bank account whereas sum of

Rs. 20000/-

was deposited in the

Savings Bank account of Sujata, the wife of A-1 in Maratha Sahakari Bank, on
29.9.,sum of Rs. 24000/- on 3.11., and sum of Rs. 25000/- on 3.11. and sum of
Rs. 20000/- on 19.11. in her account of the same bank. Sangita Ashok, the sister

.. 109 ..
of Amit-A-2, appear received Rs. 35000/- in her account maintained in the Greater
Bombay Bank on 20.11. and in the account of Punam Loke maintained in Greater
Bombay Bank , sum of Rs. 40000/- was deposited on 11.11. .
245.

Thus it will find that the huge amounts have been deposited in the

accounts of accused 2, 3, 6 as well as Sangita, sister of A-2, and Punam, financy


of A-2, and Sujata wife of A-1 from 10.11 to 13.11, 18.11. to 20.11.03. statement
in respect to aforesaid details has been maintained with the Judgment as
Annexure C.
246.

It is already on record that all accused hail from poor middle class

families and none of them had any good monthly earning. It will find that even
their extracts of accounts warrant that their earlier savings was very meagre in
comparison to the savings shown in the months of October and November. On
considering the deposits in their account, it appears that the accused were under
obligation to submit income tax return or at least they were under obligation to
explain the position about the source of income.

However, the accused have

preferred to give negative replies and accused 1 has gone to the extent of denying
the fact that Snagita is his wife. This is one of the strong circumstance which is
also running against the accused.

-:- Acquisition of Assets. -:...........


247.

Besides this, the prosecution has claimed that the accused out of

wrongful gains, acquired two motor bikes and one Sumo vehicle. In order to prove
that the acquisition of two motor bikes, the prosecution has examined PW-70Harjeetsingh Mahindarsingh Kochar-PW-70 (Exh. 365). From the perusal of his
statement, it is established that on 20.11.03 in the evening accused -Amit and
Yogesh had been to him at Bhaindar east with intent to purchase second had
motor bike. They selected one Hero Honda Splender motor bike of 1996 model
black in colour. The price was settled at Rs. 17500/-. Amount of Rs. 500/- was
paid in advance and Rs. 17000/- was handed over by the accused 2 on the next
day. The motor bike was bearing Regi. No. MH-04/W-8518. The custody of bike
was delivered with papers including T.T.O. form signed by the owner. On 25.11.
again A-2 and A-3 visited his shop, selected one Splender bike of 1998 model for
Rs. 20,500/- bearing Regi. No. MH-05M-8485. They booked the vehicle without
any payment, came in the evening, paid Rs. 20500/-, and obtained the custody of

.. 110 ..
the motor bike with papers whereas the witness obtained the delivery notes. The
witness has verified and identified those motor articles-Court Art. FM bearing Regi.
No. MH-04-W-8518 and MH-05-M-8485. The official receipt passed in favour of A2, is at Exh. 366 and delivering the delivery note executed by A-2 is at Exh. 367.
The official receipt of the vehicle disposed off to A-2 on 2.11.03 is at Exh. 368. The
delivery note is at Exh. 369 and R. C. book at Exh. 370.
248.

The cross-examination of this witness warrant that the delivery notes

at Exh. 367 and 369 were with the witness but receipts were not with him and he
did not hand over the official receipt at Exhs. 366 and 368 to the police and has
denied the contents to that effect from his statement recorded by police under
portion marked with A. But he has denied that he had not taken delivery note
from A-2. He has admitted that the delivery note at Exh. 376 shows the date as
22.11. but has admitted that the official receipt at Exh. 366 is not of 21.11.. It is
established from his statement that he had not disclosed the name of A-3 who was
allegedly present with A-2 on 20.11. and at the time of actual sale on 21.11.. He
has also affirmed that he has disclosed the name of A-2 to the police as visitor
with A-3 on 25.11. and he does not know why the said fact is not present in his
statement. He also admitted that there are over-writings in delivery note at Exh.
367 and 369. He also has admitted that he was dealing in sale of second hand
motor bikes without license or brokerage license. Further he has admitted that
incorrect name in the receipt at Exh. 368, the name of A-3 has been shown as
broker but finally has denied that he is deposing false about sale of bikes to
accused.
249.

As against that, it has been established from the statement of

prosecution witness-PW-53-Mahesh Parab(Exh. 296) that on 29.12.03 at about 8


p. m. P. I. Mungekar seized motor bike bearing registration No. MH/05-M-8485
from the custody of accussed No. 3-Yogesh on the eastern side campus of Shital
complex(Panchanama at Exh. 297).

As against that, now from the perusal of

statement of Senior P.I.Vijaykumar Godbole (PW-125) (Exh. 746), more particularly


para 2 on page 4, it will find that he was asked to conduct house search of A-2,
and accordingly, he conducted house search of A-2 on 29.12. but nothing was
found in the house. However, he noticed that a motor bike was parked in front of
house and he learnt that it belongs to A-2. Hence, in presence of pancha
witnesses, he seized the motor bike with signatures of pancha witnesses and the
relevant panchanama is at Exh. 755. Then he asked the accused about bank pass

.. 111 ..
book and R. C. book of motor bike and he learnt that those books have been kept
at the house of Punam Loke, the fiancy of A-2. Then P. I.Godbole visited the house
of Punam Loke and seized R. C. book of motor bike under the same panchanama
at Exh. 755 and also collected the bank pass books of A-2 as well as his sister
Sangita, cheque book, slips from Punam Loke. Thus Punam Loke produced in all
15 articles and vide panchanama at Exh. 756.

P.I. Godbole seized all those

articles.
250.

As against that, in order to prove the sale and purchase of Sumo

vehicle, the prosecution has examined witness-Vimal Kapur (PW-65) at Exh. 352.
From the statement of this witness, it will find that in August, 2003, accused 1 to
3 had been to his shop for purchasing second hand Tata Sumo. They selected one
Tata Sumo. It was white in colour, 1999 model. It bearing Regi.No. MH-04-As-46.
The price was settled at Rs. 2,60,000/-. It was financed by Mahindra and
Mahindra and the transaction was settled within 4 to 5 days. The accused 1 to 3
initially paid Rs. 10000/- by way of advance. Again they paid Rs. 5000/- and at
the time of delivery, they paid cash of Rs. 80000/- and for balance amount of Rs.
1,65,000/-, loan proposal of finance Company was made and finance was made
through Finance Company. The vehicle was sold in the name of Amit Shinde-A-2.
R.C. Book was transferred in his name but entry of finance institute i. e. Mahindra
and Mahindra remained in R. C. book. It is also in his evidence that subsequent
thereto the accused paid only one installment of loan. The R. C. Book is Court
Art. No. FK and witness has identified Tata Sumo kept in the Court premise by
way of muddemal and has affirmed the same.
251.

In his cross-examination, he has deposed that since he has been

dealing in car, he did not get transferred the vehicle in his name and he get
payment receipt from the original owner of the car to show that he has purchased
the car. Further it is in his evidence that since the documents were in the custody
of financial company, he was unable to produce the same before the police and
police did not ask him to produce payment receipt. Finally it was suggested that
he has no concern with the said vehicle and that he is puppet in the hands of
police to fabricate the evidence.

So nowhere it has been challenged that the

vehicle in question has been purchased by A-1 in the name of A-2. As against
that, the trend of suggestions put to the I. O. warrant that A-1 was claiming
monthly income arising out of earnings of Tata Sumo as source of income of
accused 1. Here too, the accused has failed to give any explanation in respect to

.. 112 ..
payment of cash balance of Rs. 95000/- or its source.
252.

Thus on considering the aforesaid evidence alongwith the evidence of

extracts of accounts taken from various bank pass books and the statements of
Bank Officials, it is clear that the accused 1, 2, 3 and 5 acquired wrongful gains of
huge amounts in October and November, 2003 and they have failed to explain the
source of said income.

-:- Mobiles -:-

253.

In order to establish the use of the mobile by accused 1 to 3 and 6, the

prosecution has examined witnesses-Padmakar Arjun Naik, Gerard Thomas


D'mello, Sanjay Kamble, Sachin Shinde and Gyanendra Upadhyay as PW-. 58 to
60, 67 and 68.
254.

From the perusal of Padmakar Naik at Exh. 314(PW-58), it will find

that he is serving such as Nodal Officer of Hutchison Company and in accordance


with the letter dtd. 30.12.03 issued by S. P., Sindhudurg, he supplied the
information in relation to the mobile phone No. 9820963798 which was standing
in the name of A-5, Babani Shinde House, Eksar, Borivali. He also has supplied
the information in respect to two more telephone Nos. standing in the name of
Abhijit Sudrik of Goregaon and Paras S. G. of Panvel.

He also furnished the

information in relation to Mobile No. 9819255303 which was standing in the name
of Mahesh Shinde, R/o. Shinde house Ekasar Borivali.

His cross-examination

indicates that Mobile No. 9820664377 stands in the name of Abhijit Sudrik and
9820682087 is registered in the name of S. G. Paras.
255.

As against that, from the perusal of statement of Gerard D'mello at

Exh. 322, it will find that he was serving such as Nodal Officer with Bharati
Cellular

and as per letter of S. P., Sindhudurga dtd. 30.12.03, he supplied

information in relation to mobile phone No. 9892202752. It was standing in the


name of Mahesh Keni of Mahim from July, 02 to 27.3.2003 and thereafter it was
deactivated and same number was allotted to Dayanand Thorat of Andheri(Exh.
323-D, E, F). The statement of Sanjay Kamble at Exh. 324 warrant that by virtue
of letter issued by S. P., Sindhudurg as well as D.C.P., Washi, Navi Mumbai, he
supplied information in relation to Mobile No. 9821281575 belonging to Kerubhai
Mali. Whereas his cross-examination indicates that the above-referred cell phone

.. 113 ..
was not standing in the name of Kerubhai Mali but it was standing in the name of
Priya Collection.
256.

From the perusal of statement of PW-67-Sachin Shinde (Exh. 354), it

will find that he was Assistant Manager in Idea Mobile and in accordance with the
directions of D. C. P., Mumbai, he provided the information in relation to mobile
No. 9821281575 by calling the said information from Nodal Officer-Pravin Patil.
257.

Finally, from the perusal of statement of PW-68-Gyanendra Upadhye at

Exh. 360,it will find that by virtue of letter dtd. 30.12.03 and 16.1.04 issued by S.
P. , Sindhudurg but he was asked to furnish the information in respect to phone
No. 2234268026 and accordingly, he submitted the said information through
Vinay Bhushan vide Exh. 361-A, covering letter-Exh. 361-B and certificate Exh.
361-C. The said mobile was in the name of Sujata More, R/o. Ramesh Mhatre
Chawl, Eksar Borivali.

From the perusal of the cross-examination of all the

aforesaid witnesses, it will find that either there is no cross or cross-examination is


restricted to the procedure which is being adopted by the officers in collecting the
information and providing the data.
258.

As against that, now from the chief examination of I. O.-Prabhu

Khanolkar and more particularly, paragraph 57, 58, 59 and 60, it will find that he
has furnished all the details in respect to the contacts between accused 1 to 3
interse as well their contacts with Kerubhai Mali, Dayanand Thorat etc.. According
to the I. O., accused No. 1 was holding mobile No. 34268026( which was registered
in the name of Sujata More) and between 13.10.03 to 30.11.03 accused 1 called
accused 2 on 160 occasions on the landline and 65 times on mobile by the use of
phone No. 34268026. He also called accused 3 for 163 times on landline and on
37 times on mobile of accused No. 3. He also booked call on 31 occasions at the
house of A-5 on landline and on 3 occasions on mobile.

Accused No.1 had

contacted with witness-Dayanand Thorat on 7 occasions, with Ananda Lokhande


on 7 occasions, and Ijaj Desai on 50 occasions between 14.10. to 20.10.03. As
against that, from the perusal of his cross-examination, it will find that this fact
has not been challenged by the defence since barring suggestion that I. O. is
deposing false.
259.

Further, according to witness-Prabhu Khanolkar, the mobile No.

9892202752 was used by A-2 between 18.9.03 to 30.11.03, he was contacting

.. 114 ..
accused 1, 3, and 5, Kerubhai Mail, Ijaj Desai, Tripathi and so on. But his crossexamination warrant that he has no documentary evidence to show that this
phone was registered in the name name of accused No. 2. He has no documentary
evidence to connect the sim Card No. mentioned in the panchanama with the
mobile No. present in the panchanama at Exh. 211. Accused No. 2 was arrested
on 24.12.03 and the above instrument with the sim card was seized from accused
No. 2 but he has admitted that on account of seizure of mobile, the said number
was not in use and it was inoperative.

So far it relates to mobile No.

9821281575,according to the prosecution, it was a mobile with I.M.E.I. No.


350104203496830 which was used by Kerubhai Mali. However, he has deposed
that the name of deceased Mali was never registered to the mobile used by him but
it was registered in the name of Priya Collection and Mali had contacted A-2 with
the help of his mobile on 128 occasions. In his cross-examination, the I. O. has
admitted that he did not collect documentary evidence to show that said mobile
was purchased from Priya Collection. He did not record any statement ot Manager
or owner of Priya Collection.

The mobile was seized and produced before the

Court alleging that it was a mobile of Mr. Mali but admittedly it is not the phone
with above-referred number and I.M.E.I. Number. The witness has admitted that
he get identified the said mobile article X from the relation of deceased Mali and
has explained that it was on account of colour, shape and company of the Mobile.
He also has admitted that till today mobile with above referred sim No. and I.M.E.I.
No. belonging to Mali, has not been traced out.
260.

As against that, in respect to mobile No. 9820963798, the I. O.

Khanolkar has deposed that it was belonging to A-6 and between 1.9. to 30.11.03,
on this phone he contacted A-2 on landline on 20 occasions , on mobile on 13
occasion. He also contacted A-1 on 89 occasions on mobile, on 5 occasions with
Ijaj Desai, between 23.10.to 15.11., this mobile was on roaming and on 23.10. he
contacted Dayanand Thorat on 2 occasions and to Mali on 2 occasions on
14.11.03. Further according to him, mobile No. 9819255303 belonging to A-5 was
used with 3 I.M.E.I. Numbers and thus the sim of Mali's phone No. 9819255303
was also used in the said mobile between 18.11.03 to 7.1.04 and A-5 had used the
handset of Mali bearing No. 350104203498830 by using his sim card bearing No.
919818255303.

Thus this is the scanty evidence led by the prosecution to

establish the links amongst accused Nos. 1 to 3 on one hand and accused and
victims on the other. However, the mere fact that the accused interse were talking
on their mobiles will not be sufficient to jump to the hasty conclusion that those

.. 115 ..
contacts were in relation to the crime in question unless these links are positively
established with mobiles of victims.
261.

Thus the prosecution has established beyond reasonable doubts that

the accused and accused alone are the perpetrators of the crime and they have
caused murders of the victims.
262.

It is in the evidence of PI-Mungekar that in accordance with the

directions of the Investigating Officer he had been to Baroda. He had been to take
search of Ramjibaba. At the relevant time, he also took the help of Thale but he
learnt that Ramjibaba made flee to Africa. Now even it is assumed for the moment
that person by name Ramjibaba was in existence still it also has been proved hat
he has no role to play in the crime in question and accused can not take shelter of
Ramjibaba to get rid of the crime committed by them. It is established from the
statement of Dy. S.P. and I.O. Prabhu Khanolkar that he registered the first F.I.R.
and it was registered as crime No. 89 of 2003 in respect of killing of Mali family.
263.

It is also established from the statement of I. O. P.I.-Rajendra

Mungekar that on the evening of 20.12. near the vegetation at the bottom, one
telephone diary which had blue plastic cover, was found. In the said diary, the
telephone Nos and names of the persons were appearing.
seizure of that diary was drawn and it was seized.

The panchanama of

Further during his cross-

examination, it also has been established that the diary which was found on the
plateau of Nandos and after drawing panchanama, he entrusted the said diary
with I. O. with his report.

It is also in his evidence that he has disclosed the fact

of seizure of diary in F. I. R. lodged by him. The witness in his cross-examination


has admitted that in Muddemal Register dtd. 20.12.03 at Mudd. Entry No. 88, the
telephone diary EC has been shown to have given in the custody of Muddemal
Clerk of Malwan Police Station.

He also has admitted that he has shown the

Muddemal Register maintained for the period of 2004 and the witness has
admitted that under entry No. 88 written in red colour, the same telephone diary
has been shown to have been received by Muddemal Clerk on 20.12.03. Another
Investigating Officer-Y. R. Bagwan has clarified the position and said that when
new Muddemal Register is opened, the old pending entries are taken in red ink
with the very old date. Thus all the above referred facts ultimately makes it clear
that the disputed diary was entrusted in the safe hands on the very day on which
it was seized and there is absolutely no substance in the allegations made.

.. 116 ..
264.

Further it is submitted that Muddemal Art-Bag belonging to Kerubhai

Mali-Court Art-E can not be opened with the keys-Court Art. AF and as such, the
panchanama of demo produced by the prosecution is false. Here it is to be noted
that the Muddemal Art. E has been broke opened from behind and may be the key
of the bag was not in operating condition on account of the locks from inside on
account of damage sustained to the locks.
265.

Finally it is to be noted that may be as a result of enthuziazum, or

excitement or short-cut to achieve the target. During the investigation, the


Investigation Officer has not followed the guidelines issued in Police Manual in
respect to maintenance of Muddemal Register, the procedure to be adopted while
taking of muddemal from Muddemal Clerk as well as while taking out the accused
from the custody and sanctity to be observed while drawing panchanama and it
appears that a gobye has been given to the rules of caution while conducting the
investigation.

This practice needs to be deprecated.

However, the aforesaid

latches and lacunae, can not be said to be a doubt nor the benefit of it is to be
given to the defence.
266.

After considering the entire case of prosecution as made out, it will find

that there is absolutely no link to conclude that the accused -4-Tanaji and
Accused-Suryakant had conspired with the rest of the accused in respect to the
commission of the offence. Even there is absolutely no iota of evidence to infer
that accused 4-Tanaji and accused-7-Suryakant had played any role or
participated the crime.

Even there is no evidence to infer that the aforesaid

accused gained wrongfully or misappropriated the belongings of the victims in


conspiracy with the rest of the accused.
267.

However, it is the case of the prosecution that the accused 7-

Suryakant has harboured the rest accused 1, 2, 3, 5 in his house with the
knowledge that they were involved in a serious commission of crime. True it is
that there is sufficient evidence to hold that accused 7 harboured accused 1, 2, 3
and 5 in his house whenever they came from Mumbai to Nandos between August
to November, 2003.

But at the same time, there is no evidence of whatsoever

nature to infer that accused 7-Suryakant had knowledge of the illegal activities of
the rest of the accused or had a reason to believe the commission of the crime
committed by the accused and with that knowledge he was harbouring the
accused 1 to 3 and Mahesh. As already discussed above, it has been deposed that

.. 117 ..
all other brothers of A-7-Suryakant were serving in Mumbai.

A-7 is physically

handicapped. His eye sight was poor. Even he was suffering from attacks of
epilepsy.

The family had no sufficient agricultural land and A-7 was truly

dependent on his brothers living at Mumbai since his other brothers

were

regularly transmitting money orders.


268.

As against that, it will find that whenever accused 1 was coming to

Nandos, he was purchasing chicken, meat and fish and providing the same to the
family of Suryakant and it was a Bonanza for them.

Thus there is every

probability to draw the logical inference that A-7 was entertaining on account of
his poverty and without the knowledge of the activities of the accused. True it is
that A-7 ought to have been more diligent.

But the circumstances referred to

above ultimately warrant that he had faith in A-1 since A-1 was brought up by him
and on the other, the poverty of the family of Suryakant may have restrained him
from giving thought to other considerations. Thus the mere fact that the accusedSuryakant harboured rest of the accused in his house, can not be said to be the
incident of harbouring the accused with the knowledge of the crime committed by
the rest and thereby giving rise to the inference of the crime.
269.

As against that, the case of the prosecution as against accused No. 4

is that accused No. 4 supplied the gun to the accused 1 and accused 4 concealed
the gun at the instance of A-1.

The recovery of gun at the instance of A-4

warrants that the said gun was concealed by A-4. However, that does not mean
that the said gun was purchased by him or that it was supplied by him to A-1.
Barring the bare and naked suggestions of the prosecution, there is absolutely
nothing on record to infer that A-4 was party to the crime. To illustrate it more
particularly, one more incident can be quoted from the very case that one Chetan
Raut produced before the police Rado wrist watch at the instance of accused 7.
That does not mean that Chetan Raut was also party to the crime. Thus without
there being a sufficient and positive material to show that A-4 had knowledge of
crime and A-4 concealed the said gun with the said knowledge, the A-4 can not be
held guilty for any of the charges levelled against him.
270.

Resultantly, it is clear that none of the charges levelled against

accused 4-Tanaji and Accused-7-Suryakant have been established beyond


reasonable doubt.

The possession should be conscious possession.

possession or passive possession without mens rea, can not be said to be an

Mere

.. 118 ..
offence. Resultantly since no case has been made out against accused 4-Tanaji
and accused 7-Suryakant, they will have to be acquitted of all the charges levelled
against them.
271.

After considering the entire evidence on record, following points are

emerging :(1) Accused 1, 2, 3, and 5-Mahesh were residing permanently in


Mumbai.They were knowing each other on account of relations and
friendship. They hatched conspiracy to commit crime in Mumbai
and used the house of Suryakant-A - 7 by way of stop gap
arrangement in commission of crime.
(2) In pursuance of the conspiracy, the accused started defrauding the
persons in financial straits by showing them the dreams of
becoming millionar by shortcut method by way of multiplying of
money by charms, spell and super power.
(3) The selected victims were induced to collect the money and on
collecting the money, the victims were abducted from Mumbai and
they were taken from Mumbai to Nandos.
(4) Again by way of stop gap arrangement, the victims were kept in the
Lodges at Kanavali and Malwan and every time, the care was taken
to see to change the lodge as well as to book the rooms in fictitious
names and and the care was taken to see that the names of victims
shall not appear in lodging register.
(5) Even while abducting the victims from Mumbai or Pune or
Kankavali the care was taken to see the bus tickets shall not to be
purchased in the names of victims and they were purchased either
in fictitious names or in short name like Santosh or Amit.
(6) A-2 was managing the affairs of conveyanc, abduction and stay of
the victims at Kankavali or Malwan. The stay of victims in the
lodges with A-2 has been established through Lodge keeper and
registers with report of handwriting Expert.
(7) A-3 was assisting A-2 in shifting the victims from the lodges at
Kankavali to Katta.
(8) The statement of Sachin Chavan and Ashok Nemalekar warrant
that taking the victims by their auto rickshaw from Lodge upto
village panchayat of Nandos and therefrom A-2 and A-3 were
taking the victims on foot to the plateau of Nandos.
(9) The accused 1 to 3, and 5 were then extracting the amount from
the victims and were causing their murders and with a view to dis-appear the evidence they were throwing the dead bodies into the
valley after misappropriating the cash and ornamental gold found
on the person of the victims.
(10) The total failure of accused to explain the acquiring assets like

.. 119 ..
Sumo as well as two bikes ultimately warrant that the aforesaid
acquisitions have made from the wrongful gains acquired by
misappropriation. Even abnormal rise in the savings bank
accounts of accused and their beloved between Sept., Oct., and
November, 2003, give rise to the logical inference that the accused
have acquired aforesaid assets by misappropriating the
amounts belonging to the victims after causing their deaths. The
failure to explain about the acquisition of aforesaid amount by
the accused is one of the strongest circumstance to infer that the
accused and accused alone are the perpetrators of the crime and
all the pointers are leading to accused and accused alone as the
culprits.
Thus the entire chain of circumstances is complete and it inspire me to
infer that the accused have committed the crime. Hence, I answer the points
accordingly.
272.

Thus for the reasons vividly discussed in foregoing paras, I have

concluded that no charge levelled against accused Nos. 4 and 7 has been
established beyond reasonable doubts and as such, they are entitled to the
acquittal. Hence, I pass the following order.
-:- ORDER -:(1) Accused 4-Tanaji Sitaram Gavade and accused 7Suryakant Anant Korgaonkar stands acquitted under
section 235(1) of Cr. P. C. for the offence punishable
under sections 302, 120-B, 394, 397, 201 r. w. 120-B,
212, 115, 202 of I. P. C. and section 3, 5, 6, -=- -read with 25 of Arms Act.
(2) Their bail bonds stand cancelled.
(3) Now the case shall proceed further for hearing the
accused Nos. 1, 2, 3, and 5 on the point of sentence
on 26.05.09.
Date:- 25.05.09.
Sindhudurg-Oros.

Sd/( J. N. Shanbhag.)
Addl. Sessions Judge, Sindhudurg at
-:-Oros. -:-

26.5.09.
273

Today Mr. Bhanage,Counsel for the State is present whereas Advocate

Mr. S. D. Desai, Mr. S. S. Pai representing the defence present. On the point of
sentence, on behalf of the State, it is submitted that the facts of the case warrant
that the case is rarest in rare in the sense that the cold blooded plan has been
executed brutally and 8 innocents have been killed without there being any

.. 120 ..
enmity, the blood feud, sudden and grave provocation and thus the only object
was to extract money and to finish the innocents who have been robbed. Further
it is submitted that all victims were not only helpless but they were not armed and
as against that, the above referred accused attacked them brutally with the
weapons like knife, sword, iron rod , firearm etc.. It is submitted that even small
children were also not left and thus the entire murders have been committed only
with the view to extract money and nothing else.

Hence, Mr. Bhanage placed

reliance on the case of Machhi Singh and others Vs. State of Punjab (VII) (1983(2)
Crimes 268) as well as he placed reliance on the case of State of Maharashtra Vs.
Dilip Premnarayan Tiwari and others ( 2008 All MR (Cri), 27).
273A.

As against that, on behalf of defence Mr. S. D. Desai vehemently

submitted the precedents relied upon, are founded on altogether different facts as
there can be a precedent on law but there can not be a precedent on facts. Thus it
is submitted that the precedents relied upon, can not be taken into consideration
in order to consider the facts in hand.

It is submitted that in order to award

capital punishment, the Court has to see that is it a case where (i) To set an
example before society to make deterrence in the society that such crime shall be
dealt with differently (ii) Secondly, the case should be of such nature that culprit is
proved to be not fit to live amongst human beings.
274.

With this backdrop, it is submitted that there is absolutely no evidence

on record to hold that at any time in past even N. C. has been recorded against
any of the accused. The entire case has been founded on circumstantial evidence.
There is no eye witness.

No witness even expert has claimed that death of

particular victims has been caused by a particular weapon and thus omnibus
statement has been made by the Medical Officers and the experts in respect to
probable cause of death. It is submitted that since it is a matter of circumstantial
evidence investigating officer was supposed to investigate the matter independently
in order to ascertain the truth and thus when the Investigating Officer was
trusted, he was not supposed to betray the society by making an investigation in
such a manner.

Further it is submitted that aggrivating and mitigating

circumstances are need to be taken into consideration before awarding capital


punishment. The age of the accused also needs to be considered. It is submitted
that the accused are in Jail for last 5 and half years and till today no untoward
incident has been noted by the Jail Authority. Thus, in these circumstances, no
meaningful purpose will be served by taking one more life by way of capital

.. 121 ..
punishment since no object will be achieved by inflicting death sentence.
275.

Finally it is submitted that a definite motive was there to the offence.

There was compelling circumstances and the accused No. 1 was at such point
where he had no way out to come back since persons were insisting for money and
hence, desperately he committed the act. Hence, it is submitted that when the act
has been committed desperately with a motive, definitely the doctrine of rarest in
rare, can not be applied to the facts in hand.

Finally, in the alternative, it is

submitted that the accused No. 1 may get an opportunity by way of reference
under section 366 of Cr. P. C. in case death penalty is imposed and otherwise he
will have to waste years together in the Jail in case the life imprisonment is
awarded. Hence, it is submitted that suitable orders may be passed.
276.

As against that,Mr. S. S. Pai, Counsel on behalf of accused No. 3

submitted that the Court on 25th May declared that all 6 accused including
accused 4 and 7, are found guilty whereas today the Court has acquitted the
accused Nos. 4 and 7 from both the cases and as such, the accused No. 3has lost
faith in the Court.

Further it is submitted that instead of awarding life

imprisonment, capital sentence may be awarded against the accused No. 3 so that
accused No. 3 can check the luck in better way before Hon.'ble The High Court.
277.

Here it is to be noted that in all three chargesheets have been

submitted against the accused. Yesterday accused No. 4-Tanaji and accused No.
7-Suryakant, were initially acquitted from all the cases and immediately thereafter
all accused from Sessions Case No. 4/05, were acquitted for want of evidence and
then accused no. 1 to 3 and 5 were held guilty in Sessions Case No. 3/05 and
5/05 and the matter proceeded further and it was kept today for hearing on the
point of sentence in respect to accused Nos. 1 to 3 and 5-Mahesh. Thus it will find
that there is absolutely no substance in the allegations made.
dictation taken by Stenographer is with the Stenographer.

The notes of

The dictations have

already been completed and the Judgment is almost ready and there was
absolutely no chance to deviate from the finding already recorded. Even on 25th ,
accused 4 and 5 were freed.

They were on bail and they were not taken in

custody. Had the accused 4 and 7 been held guilty, immediately they would have
taken in the custody but they were freed on the very day. Thus it appears that
there was a little confusion and mis-understanding amongst the Advocates and
media in interpreting order since two accused were standing in the same row.

.. 122 ..
Thus suffice it would be to say that the submissions advanced are unfortunate.
278.

With this backdrop, now from the perusal of guidelines issued in the

Machhi Singh and others Vs. State of Punjab (VII 1983(2) Crimes page 268) wherein
while considering the award of punishment, it has been laid down from paragraph
31 and onwards that :Manner of commission of Murder.
31.

When the murder is committed in an extremely brutal grotesque,

diabolical, revolting, or dastardly manner so as to arouse intense and extreme


indignation of the community. For instance,
(i) When the house of the victim is set aflame with the end in
view to roast him alive in the house.
(ii) When the victim is subjected to inhuman acts of torture or
cruelty in order to bring about his or her death.
(iii) When the body of the victim is cut into pieces or his body
is dismembered in a fiendish manner.
Motive for Commission of murder.
32.

When the murder is committed for a motive which evinces total

depravity and meanless. For instance when (a) a hired assassin commits murder
for the sake of money or reward (2) a cold blooded murder is committed with
deliberate design in order to inherit property or to gain control over property of a
ward or a person under the control of the murderer or vis-a-vis whom the
murderer is in a dominating position or in a position of trust.( c) a murder is
committed in the course for betrayal of the motherland.
III. Anti-Social or Socially abhorrent nature of the crime.
(a) When murder of a member of a Scheduled Caste or minority
community etc. is committed not for personal reasons but in
circumstances which arouse social wrath. For instance
when such a crime is committed in order to terrorize such
persons and frighten them into fleeing from a place or in
order to deprive them of, or make them surrender, lands or
benefits conferred on them with a view to reverse past
injustices and in order to restore the social balance.
(b) In cases of ' bride burning' and what are known as 'dowrydeaths' or when murder is committed in order to remarry for
the sake of extracting dowry once again or to marry another
woman on account of infatuation.
IV. Magnitude of Crime.

.. 123 ..
34.

When the crime is enormous in proportion.

For instance,

when multiple murders say of all or almost all the members of a family or a large
number of persons of a particular caste, community, or locality, are committed.
V. Personality of Victim of murder.
35.

When the victim of murder is (a)an innocent child who could not have

or has not provided even an excuse, much less a provocation, for murder, (b) a
helpless woman or a person rendered helpless by old age or fairmity, (c) when the
victim is a person vis-a-vis whom the murderer is in a position of domination or
trust; (d) when the victim is a public figure generally loved and respected by the
community for the services rendered by him and the murder is committed for
political or similar reasons other than personal reasons.
36.

In this background, the guidelines indicated in Bachan Singh's case

(supra) will have to be called out and applied to the facts of each individual case
where the question of imposing of death sentence arises.

The following

propositions emerge from Bachan Singh's case. :


(i) the extreme penalty of death need not be inflicted except in gravest
cases of extreme culpability ;
(ii) Before opting for the death penalty the circumstances of the
'offender ' also require to be taken into consideration alongwith the
circumstances of the 'crime'.
(iii) life imprisonment is the rule and death sentence is an exception.
In other words, death sentence must be imposed only when life
imprisonment appears to be an altogether inadequate punishment
having regard to the relevant circumstances of the crime, and
provided, and only provided, the option to impose sentence of
imprisonment for life cannot be conscientiously exercised having
regard to the nature and circumstances of the crime and all the
relevant circumstances.
(iv) a balancesheet of aggravating and mitigating circumstances has to
be drawn up and in doing so the mitigating circumstances has to
be accorded full weightage and a just balance has to be struck
between the aggravating and the mitigating circumstances before
the option is exercised.

37.

In order to apply these guidelines inter alia the following questions may

be be asked and answered :(a) Is there something uncommon about the crime which renders

.. 124 ..
sentence of imprisonment for life inadequate and calls for a death
sentence ?
(b) Are the circumstances of the crime such that there is no alternative
but to impose death sentence even after according maximum
weightage to the mitigating circumstances which speak in favour of
the offender ?
279.

Further I was taken to the case of State of Maharashtra Vs. Dilip

Premnarayan Tiwari and others 2008 All MR(Cri) 27, and also taken to para 49 of
the Judgment, wherein it has been laid down that :Applying the principles laid down in various judgments of the
Supreme Court as mentioned hereinabove, and after giving a deep
consideration with regard to imposition of death penalty, after taking
into account the mitigating factor of lack of criminal antecedents,
however, young age is not a mitigating factor, and taking into account
the following aggravating circumstances :(a) Helpless victims;
(b) Victims totally unarmed;
( c) Victims woken up from sleep at midnight;
(d) Manner of inflicting injuries, 20-30 serious injuries on each of the
deceased, whereas even a single injury would have been
sufficient to kill, shows the barbarious attitude;
(e) Attacking ruthlessly six persons, Deepa and Indira were let off
presumed to be dead, seeking to wipe off the entire family.
(f) Attacked on every vital organ;
(g) Young boy Bijit was brutally assaulted;
(h) Not only Prabhu, even the messenger boy Abhayraj was brutally
assaulted;
(i) The time chosen was past midnight hence clearly premeditated.
(j) Assault on lower caste based on caste hatred,
and it has been finally held that when helpless victims who were totally
unarmed, woken up from sleep at midnight, were attacked ruthlessly to wipe off
entire family with an attack on every vital organ, it was held that the accused
deserved to be imposed death penalty.
279A.

As against that, the facts of the present case warrant that there is

absolutely no evidence on record to hold that there was any enmity amongst
victims on one hand and the accused on the other. There was no previous dispute

.. 125 ..
or quarrel either in respect to money or anything amongst the accused on one
hand and the victims on the other. All the victims when taken to the plateau, were
not only helpless but they were unarmed.

True it is that, there is no specific

evidence in respect to the weapon used to assault and kill the deceased but fact
remains that the victims were found killed.
culpable homicide.

The fact remains that it was a

The fact remains that most of the victims were found with

skull fractured. As against that, the bank balance of the accused referred to above
was abnormally improved after the killings of the victims. As already discussed
above, the opportunity was given to explain since it was a fact within the special
knowledge of the accused but they have denied everything. The accused have not
taken an opportunity to explain the position.

Thus what has been established

from the facts on record that brutal murders were made. The conspiracy was made
with cold blood and the plans were executed brutally and even no mercy was left
to the innocent kids. All victims have been killed simultaneously right from Sept.
to Nov,, 03. The dead bodies of all nine victims found with clothes but body of
victim No. 7- Sou. Anita was found with no clothes and only elastic like rubber
was found to her waist.

What it indicates?

Thus there was absolutely no

mitigating circumstances to give a thought to any other consideration than to


impose death penalty. Resultantly, it is clear that the conduct exhibited by the
accused is such a brutal conduct where no way has been left to the Court than to
award the death penalty to accused Nos. 1 to 3, and 5/6 for the offence of murder
of each victim.
280.

Last but not least. Before parting with the Judgment, I must thank

the Counsels Mr Bhanage representing the State and Mr. S. A. Samant, Mr. S. D.
Desai, Mr. S. S. Pai, Mr. R. V. Raorane, Mr. Sukali for rendering cooperation in
disposing of this case and more particularly, I must make mention of Mr. S. D.
Desai, Advocate who rendered his service to the accused No. 1 by way of free legal
aid and he left no stone unturned and did everything possible within his reach.
Somewhere it is felt that such talent should be induced to cross the floor and to
change the side. With this, I pass the following order.

ORDER -:-

(1) Accused1-Santosh Chavan, Accused-2-Amit Shinde, Accused-3Yogesh Chavan, accused No. 5-Mahesh Shinde are convicted under section 235(1)
of Cr,P.C. for the offence punishable under Sections 302, 364-A,r/w. 120(B) of I. P.

.. 126 ..
C. for having murdered victim Vijaysinh Dudhe and are sentenced to undergo
death by hang.
(2) Accused Nos. 1, 2, 3, 5 are convicted for the offence punishable
under section 302, 364-A r/w. 120-B of I. P. Code for having murdered victimDada Chavan and are sentenced to undergo death by hang.
(3) Accused Nos. 1, 2, 3, 5 are convicted for the offence punishable
under section 302, 364-A r/w. 120-B of I. P. Code for having murdered victimSanjay Gavare and are sentenced to undergo death by hang.
(4) Accused Nos. 1, 2, 3, 5 are convicted for the offence punishable
under section 302, 364-A r/w. 120-B of I. P. Code for having murdered victimVinayak Pisal and are sentenced to undergo death by hang.
(5) Accused Nos. 1, 2, 3, 5 are convicted under section 394, 397 r/w.
120-B of I. P. Code and sentenced to undergo R.I. for five years and to pay a fine of
Rs. 5000/- each, I/d. to undergo R. I. for six months each.
(6) Accused Nos. 1, 2, 3, 5 are convicted under section 404 r.w.120B I.
P. Code and are sentenced to undergo R. I. for one year and to pay a fine of Rs.
5000/- I/d. to undergo R. I. for six months.
(7) Accused Nos. 1, 2, 3, and 5 are convicted under section 201 r.w.
120B of I. P.C. and are sentenced to undergo R. I. For 5 years and to pay a fine of
Rs. 5000/- i/d to undergo R.I. for six months.
(8) Accused Nos. 1 to 3 and 5 are convicted under section 3, 5, 6, r/w.
Section 25 of Arms Act and sentenced to undergo S.I. for 3 years.
(9) Barring the death penalty, all sentences to run concurrently.
(10)Mudd. Art. Nos. 1 to 24 being worthless be destroyed after the
period of appeal is over. Mudd. Art. No. 25-Register of Pallavi lodge, Kankavali be
kept with the proceeding.
(11) Mudd. Art. No. 26-the skull of DB-3-Dada Chavan,Mudd. Art. No.
27-skull of Sanjay Gavare and Mudd. Art. No. 28-the skull of Vinayak Pisal, be
returned to the police so as to return the same to the legal heirs of the above

.. 127 ..
referred victims.
(12) Mudd. Art. No. 29-damaged mobile be destroyed after the period of
appeal is over.
(13) The order regarding disposal of Mudd. Art. No. 30 to 133 have
been passed in Sessions Case No. 3/05 and the orders regarding disposal of
Mudd. Art. Nos. 134 to 154, have been passed in Sessions Case No. 4/05.
(14) The record and proceeding of this case be submitted to the
Hon.'ble High Court of Judicature at Mumbai under section 366 of Cr. P. C. for
confirmation of the order and thus Judgment and order shall be executed only
after confirmation of the order by the Hon.'ble High Court at Mumbai.
Sd/Date :- 26.5.09.
sSindhudurg-Oros.

( J. N. Shanbhag.)
Additional Sessions Judge, S'durg
At Oros.

--:- ANNEXURE 'A' -;-;- LIST OF WITNESSES EXAMINED. -:-

P.W.
No.

Name of Witness

Exh.No

Case

Remarks.

No.

Ashok Vasant
Nemalekar.

44

03/05 Witness -Auto-rickshaw driver.

Nilesh Vasant Jadhav.


(C)

45

03/05 Pancha witness.

Santosh Babaji
Gawade.

49

Sou. Smita Suryakant


Korgaonkar. (C)

61

Witness.

Sachin Manohar
Chavan.(C)

70

Witness and brother of A-1.

Surendra Janardan
Bodye.(C)

75

Pancha.

Dilip Sitaram Parab.(C)

78

Pancha.

Vinod Dhondu
Deorukhkar(C)

86

Witness-Sweeper
Lodge.

Appa Sakharam
Rane.(C)

88

Manager,
Kankavali.

10

Yogesh Dilip Dhake.

93

5/05

Witness.

11

Krishna Sahadeo
Gaonkar.

100

5/05

Bus Conductor.

12

Deepakkumar Chotelal
Pande.

102

13

Anand Motiram
Lokhande.

108

14

Jagan Shriram Patil.

115

Witness AW-A-2 Liquid bottle


Barodoa 3 lacs.

15

Amit Bharat Patil.

119

Manager,
Kankavali.

16

Vijay Bala Mestri.

123

Gun repairer.

17

Subhash Dhondu
Chalke.

125

18

Ejaj Ibrahim Desai.

127

19

Dr. P.R. Shirsat.

135

20

Dr. S.D. Pol.

138

21

Ashok Ladoba
Todankar.

141

03/05 Panch.

22

Anil Kisan Garate.

145

03/05 Goldsmith.

23

Dr. R.S. Patil.

149

5/05

DB-2-Postmortem.

24

Dr. B.M. Joshi.

156

5/05

DB-5-Postmortem.

04/05
03/05 Pancha witness.
04/05

Pallavi

Pickup man
travels.
5/05

in

for

Mayur
Lodge.

Sarvottam

Witness.

Konkan

Plaza,

04/05 Security Guard 1,55,000/- to


Sarage.
Common Conduct./
04/05 DB 1 Post mortem.
DB-10 Salal Nangarbhat.

P.W.
No.

Name of Witness

Exh.No

Case

Remarks.

No.

25

Vishwanath
Chatradhari Yadav.

159

03/05 Panch-ring of gold of Mrs. Mali.

26

Dr. R.R. Shetage.

165

DB-7.

27

Dr. R.B. Dhuri.

169

03/05 DB-Mali's son.

28

Dr. S.H. Patil.

172

03/05 DB-Mali's son.

29

Zilu Tanaji Khot.

176

04/05 Panch-27-A-1 Butt of gun.

30

Dr. Rajendra Vinayak


Rane.

184

Doctor examining Mahesh-A-6.

31

Vasudeo Shivram
Gaonkar.

195

Rickshaw driver-Pancha-A-1's
arrest. A-4's arrest.

32

Babal Savalaram
Nandoskar.

216

Pancha-A4-Tanaji's
Gavathi Katta-A-1.

33

Hemant Jagannath
Malkar.

219

Pancha DB-9.

34

Satish Anant
Korgaonkar.

226

Witness.

35

Santosh Jagannath
Malkar.

229

Witness-(Labour)

36

Pradeep Suresh
Chavan.

236

Detection of DB No. 4.

37

Dr. P.N. Jadhav.

238

Body No. 3 Post Mortem.

38

Ravindra Bhanu Parab.

241

39

Prabhakar Ladoba Sail.

243

Pancha-Specimen handwiting
i. e. person and Mr. Chalke.

40

Vilas Anant Harmalkar.

247

Panch 10
Dbodies.

41

Deelip Ghanashyam
Tripathi.

253

Purchaser of
Mahesh-A-6.

42

Manoj Ravindranath
Yerulkar.

255

Pancha-S. 27-Mahesh Shinde


A-6, Mobile-Dilip Tripathi.

43

Anant Shridhar
Abhyankar.

258

Panch witness-Neighbour
Yogesh-A-3

44

Ankush Baburao
Solanke.

260

Iron-smith-Borivali-Witness.

45

Vilas Dattaram
Dongare.

261

Hotel Aamrai Oros-pancha A3-Yogesh.

46

Satish Sadashiv
Prabhu.

263

Pancha-Pallavi Lodge.

47

Chetan Bhagwan
Rawoot.

265

03/05 Rado wrist watch from A-6 of


Mali.

48

Janardan Pandurang
Ambekar.

267

Panch-A6-Mahesh
Shinde
Wrist Watch Rado given to
Chetan Rawool.

revolver.

04/05 Pancha-DB-10.

boxes

of

Dead

mobile

from

of

P.W.
No.

Name of Witness

49

Hariram Padman Patil.

270

Sold his Gala to Dhanaji


Shinde, father of A-6-Mahesh
Shinde Advance Rs. 25000/cheque of Rs. 50000/-.

50

Subhash Gangaram
Thombare.

278

Witness-detection
bodies 20.12.

51

Mahesh Ganpat Nikam.

291

Pancha witness one dead body.

52

Kishor Gopal Shetty.

294

Sarvottam Travels.

53

Mahesh Vitthal Parab.

296

Pancha seizure of
bike of Yogesh A-3.

54

Shekhar Babasaheb
Ghadge.

299

Resident Nayab
exhumed DB-10.

55

Vitthal Pundalik
Chavan.

304

Panch-Demo. of firing of gun of


A. No. 1.

56

Parshuram Ganpat
Parab.

306

Pancha.A-2-specimen
handwriting.

57

Murlidhar Jayram
Kharade.

310

58

Padmakar Arjun Naik.

314

Nodal Officer, Hatchsan.

59

Gerard Thomas
Demelo.

322

Nodal Officer Bharati Cellular.

60

Sanjay Dagadu
Kamble.

324

Law Officer, BPL Mobile.

61

Uttam Vithoba
Malgaonkar.

328

Teacher, New English School,


pancha-blood samples of 10
persons.

62

Madhukar Gangarm
Chavan.

346

Pancha-search
Kerubhai Mali.

63

Fatteshingh
Vinayakrao Dudhue.

348

Witness.

64

Dhondu Babu Sarage.

349

Witness-Brother
Sarage.

65

Vimal Madanlal
Kapoor.

352

Car
Seller,
Ghatkopar,sold
Tata Sumo in the name of A-2

66

Mohan Tukaram Doke.

353

Brother of Anita Mali.

67

Sachin Mahadeo
Shinde.

354

Idea Mobile-Asstt. Manager

68

Gnyanendra Padmakar
Upadhyay.

360

Reliance intercom.

69

Dayanand Jagannath
Thorat.

363

Auto rickshaw driver, Malad.

70

Harjeetsingh
Mahindarsingh Kochar.

365

Sold mobile to A-2-17500/-.

Deepali Deelip
Malgaonkr.

374

71

Exh.No

Case

Remarks.

No.

of

dead

splender
Tahasildar

04/05 Panch-half pant,lace,


twin DB-10.

Sold mobile
20500/-

of

to

of

waist

flat

of

Shankar

A-3-Yogesh-

Lab Technician Oros. Blood


samples.

P.W.
No.

Name of Witness

Exh.No

Case

Remarks.

No.

72

Dattaram Purshottam
Mhapsekar.

375

Panch-seizure of register
Konkan Plaza, Kankavali.

73

Kamalakar Vasant
Gawade.

377

Sarpancha, Salel Nangarbhat.

74

Vijay Babaji Gawade.

383

Panch-S-27-A2.

75

Santosh Mohan Yadav.

390

Witness.

76

Dr. A.D. Jinturkar.

393

Miraj Medical College, Chief.

77

Vasant Pundalik Parab.

431

Labour,
P.W.D.
witness-inquest.

78

Dr. J.D. Rokade.

435

P. M. of one dead body-Mali's


son.

79

S.G. Jadhavvar.

439

T. I. Parade.

80

Jyoti Sanjay Gaware.

448

Witness-Widow
Gavare.

81

Vitthal Dinkar Joshi.

455

Police Constable DB-1 to 9


Viscera samples of blood of all
accused.

82

Sharad Nago Lohakar.

456

Police constable two


bodies DB-4 and 5
articles.

male
with

83

Vinod Anant Supal.

457

Police Constable
articles.

with

84

Sunil Tukaram Parab.

458

Police Constable-DB-9
articles.

with

85

Tukaram Ramchandra
Padval.

459

Police Constable
articles.

DB-6

and

86

Suhas Rajaram Rane.

460

DB-1,
2
Constable.

3-

87

Gulab Devsu Bhavare.

461

DB-7, Police Constable.

88

Arun Shantaram
Jadhav.

498

DISCARDED.

89

Ramchandra Babana
Dhuri.

499

Viscera
of
Constable.

90

Janardan Laxman
Revandkar.

500

DB-9, Police Constable.

91

Atmaram Sitaram
Gosavi.

501

DB-9, Police Constable.

92

Vishnu Tukaram
Kalsulkar.

510

Police carrier lead balls, gun


powder to Kalina.

93

Vijay Murlidhar
Dhumal.

521

PSI,
Sawantwadi
collected
specimen
handwriting
of
Dadasaheb.

94

Kishor Janardan
Hirlekar.

530

Carrier of diary to c. A.

95

Arun Shantaram
Jadhav.

563

Police Head Constable-Carrier


of F.I.R. of Thorat to MHB
Police Station.

Pancha

of

and

of

Sanjay

DB-8

DB-10,

Police

Police

P.W.
No.

Name of Witness

Exh.No

Case

Remarks.

No.

96

Subhash Tukaram
Dabholkar.

574

Panch witness-leather
containing Rs.8100/-.

97

Pradeep Anantrao
Pisal.

575

Witness brother of victim Pisal.

98

Vinayak Dinkar
Chavan.

579

Witness
Dada.

99

Usha Anil Chavan.

580

Sister of Hemanath. Witness.

100 Babaji Bhaskarrao


Pawade.

585

Bank
Manager,Mahanagar
Cooperative.

101 Vijaykumar Basavanna


Tuppad.

589

P.S.I., Carrier
samples.

102 Rajendra Mahadeo


Todkar.

594

A.P.I.

103 Deepak Namdeo


Bandalkar.

598

Witness of Jevur.

104 Deepak Manohar


Wagale.

599

Examiner of documents.

105 Dr. Mangesh Prakash


Tarate.

606

Autopsy on Body No. 4.

106 Shaharuddin Nazir


Ahamad Shaikh.

610

107 S. Pandurnag Prasad.

649

D. N. A.

108 Sou. Ratnaprabha


Dattatray Gujrathi.

663

Superimposition.

109 Anand Vishnu


Banodkar.

670

Dahisar Branch,
Maharshtra.

110 Vijaykumar Dattaram


Sangodkar.

671

Dahisar Branch S. B. I.

111 Krishna Dattaram


Parab.

672

Great
Cooperative
Borivali.

112 Vidhyadhar Shankar


Rawool.

676

Branch
Manager,
Maratha
Sahakari Branch, Borivali.

113 Shyamsundar Shridhar


Munj.

679

Chemical Analyst, Kalina.

114 Hanumant Vinayak


Kulkarni.

681

PSI, Clown to wife to search


missing person's list.

115 Manoj Kosi Sah.

684

Pancha, seizure of black bag of


A-3-Yogesh and bag of A-2.

116 Satish Damodar Patil.

685

PSI, panchanama of inquest of


body Nos. 4 and 5.

117 Chandrakant Bhagwan


Lad.

687

ASI seized the clothes on dead


body Nos. 1,2,3,4,5,6,7.

118 Prabhakar Sakharam


Chavan.

689

PSI, search of Konkan Plaza,


Pallavi Lodges of Kankavali,
seizure of registers.

119 Parvati Shankar


Sarage.`

698

Witness-Widow
Shankar Sarage.

brother

of

of

purse

victim

boxes

of

----

Bank

of

of

Bank,

victim

P.W.
No.

Name of Witness

Exh.No

Case

Remarks.

No.

120 Pramod Bhimrao


Mishal.

699

Asstt. C. A. Kalina Ballistic.

121 Liyakat Alli Shaikh


Ismail Pardeshi.

701

Dy. S. P.

122 Vijay Kamalaji Yadav.

711

P.S. I.

123 Shankar Algonda


Shirtikar.

716

Dy. S. P.

124 Rajendra Narayan


Mungekar.

719

A. P. I.

125 Vijaykumar Nana


Godbole.

746

Senior P. I.

126 Yusuf Ramjan Bagwan.

785

P. I.

127 Moula Nurmahammad


Landge.

795

P. I.

128 Madhav Prabhakar


Prabhukhanolkar.

804

Dy. S. P.

Date :- 26.5.09.
Sindhudurg.

Sd/(J. N. Shanbhag. )
Additional Sessions Judge, S'durg.
At Oros.

Sessions Case No.5/2005.


Annexure B

Sr.
No.

Name of the witness

Witness
No.
2

Exh.
No.

Identified Articles
Court Exhibits

45

1] Statement of accused Santosh 46


2] Panchanama U/s 2747
3] Muzzle Loader Gun H
1] Statement of accused Santosh
50
2] Panchanama U/s 2751
3] Iron RodI
4] Barrel of Gun
J
5] Butt part of Gun
K
Accused Santosh, Amit & Yogesh..
1] Statement U/s 164
67
2] Hand Bag ( Mahesh )
S
3] Hand Bag ( Yogesh )
T
4] Golden Ear Ring ( Mali )
U
5] Nokia Mobile ( Santosh )V
6] Samsung Reliance Mobile (Amit
)W
7] Nokia Mobile ( Yogesh )X
8] Black colour plastick
Y
9] Hand Bag ( Amit )
F
10] Grey colour Suitcase ( Santosh)
P4
11] Blue colour Jacket ( Santosh )
O
12] Mangalsutra ( Mali )G
1] Statement U/s 164
73
2] Photograph of (Deceased) Sarage
Z
3] Photograph of (Deceased) Gaware
AA 4]Photograph of (Deceased)
Dudhe AB
5] Photograph of (Deceased) Chavan
AC
6] Photograph of (Deceased) Pisal
AD
7] Nokia Mobile ( Santosh )V
8] Grey colour Suitcase ( Santosh)
P4
1] Statement of accused Mahesh
76
2] Panchanama U/s. 27- 77
3] Knief
AE

Nilesh Vasant Jadhav

Santosh Babaji Gawade

49

Smita Suryakant
Korgaonkar

61

Sachin Manohar Chavan

70

Surendra Janardan Bodeye

75

Dilip Sitaram Parab

78

Appa Rajaram Rane

88

Yogesh Dilip Dhake

10

93

1] Statement of accused ( Santosh )


80
5] Panchanama U/s.2781
6] Sword
AG
7] Barrle with Butt
AH
8] Shortned Gun
AI
9] Barrle
AJ
10] Butt
AK
11] Arrest panchanama of accused
Suryakant (A7)
82
12] Panchanama
83
Accused Santosh & Suryakant
1] Register of Pallavi Lodge
AM
2] Photograph of (Deceased) Gaware
AA
3] Photograph of (Deceased) Dudhe
AB
4] Photograph of (Deceased) Chavan
AC
5] Photograph of (Deceased) Pisal
AD
6] Amit's Handbag (Blue)F
Accused Amit Shinde
1] Statement U/s.164
94
2] Photograph of (Deceased) Gaware
AA
3] Photograph of (Deceased) Dudhe
AB
4] Photograph of (Deceased) Chavan
AC
5] Photograph of (Deceased) Pisal
AD
6] Silver Ring ( Dudhe )AO
7]Canvass shoes ( Dudhe )
AP
Accused Amit Shinde

10

Anand Motiram Lokhande

13

108

1] Register of Hotel Konkan Plaza


110

2] Statement U/s.164
111
3] Statement U/s.162 from
Badalapur P.St.113'

11

Jagan Shriram Patil

14

115

12

Amit Bharat Patil

15

119

13

Vijay Bala Mestry

16

123

14

Eijaz Ibrahim Desai

18

127

4] F.I.R. of Vrinda Pisal


AV
5] Photograph of (Deceased) Gaware
AA
6] Photograph of (Deceased) Pisal
AD
Accused Santosh, Yogesh & Amit
1] Statement U/s.164
117
2] Stamp Paper
AW
3] Rado Watch ( Mali )
AX
4] Photograph of (Deceased) Pisal
AD
5] Photografs of Mali familyA,B,C,D
6] Statement U/s.162 ( Sindhudurga )
AY
7] Stamp Paper ( Separate Page)

AZ
Accused Amit, Yogesh & Santosh
1] Register of Hotel Konkan Plaza
110
2] Entry No.892
120
3] Entry No.912
121
4] Entry No.913
122
5] Entry No.917
110
1] Muzzle Loader Gun
AI
Accused Tanaji & Suryakant
1] Statement U/s. 164
129
Accused Santosh, Amit & Yogesh.

15

Dr. Ramchandra S. Patil

23

149

1] P.M. Report
150
2] Letter given by Dr. Patil to Malvan
Police station 151

3] C.A. Report ( Body No.2) BO


4] Photograph No.1 of Body No.2
from Miraj Medical College
DB-2A

5] Photograph No.2 of Body No.2


from Miraj Medical College DB2B
6] Photograph No.3 of Body No.2
from Miraj Medical College DB2C 7] Photograph No.4 of Body No.2
from Miraj Medical College DB2D
8] Photograph No.5 of Body No.2
from Miraj Medical College
DB-2E

9] Photograph No.6 of Body No.2


from Miraj Medical College
DB-2F
10] Photograph No.7 of Body No.2
from Miraj Medical College
DB-2G

11] Silver Ring of Body No.2 ( Dudhe )


AO
12] Shoe of Body No.2 ( Dudhe )
AP
13] Belt of Body No.2 ( Dudhe )
BP
14] Gunny bag
B2
16

Dr. Balasaheb S. Joshi

24

156

1] P.M. Report
157
2] C.A. Report ( Body No. 5
deceased Pisal ) BR
3] Blue colour Jeans full pant
(deceased Pisal)
DB-5A
4] Shirt (deceased Pisal ) DB-5B
5]Letter given by Dr. Joshi to Malvan
P.S.158

17

Vishwanath Chhatradhari
Yadav

25

159

18

Dr. Shripad H. Patil

28

172

19

Zilu Tanaji Khot

29

176

20

Dr. Rajendra V. Rane

30

184

1] Property search Panchanama


162
4] Property search Panchanama
163
5] Property search Panchanama
164
6] Receipt given by Garate to accused
Mahesh Shinde
146
7] Gold ring ( Mrs. Mali )
BN
8] Black colour full pant ( accused
Mahesh Shinde )
BS
9] Pearl colour T-Shirt
BT
10] Pass Book of Maratha Bank
BU
11] Black colour Half pant
BV
1] P. M. Report
173
2] Letter given by I.O. Khanolkar for
taking blood for D.N.A.174
3] C. A. Report ( Body No.7 ) CD
4] Talisman
DB-9A
5] Waist Belt
DB-9B
1] Statement of accused Santosh
177
2] Panchanama U/s. 27
178
3] Panchanama
179
4] Butt of Muzzle Loader Gun
CE
5] Cloth Bag
CF
6] Glass bottle ( 180ml )CG
7] Plastick Bottle
CH
8] Glass bottle
CI
9] Glass bottle
CJ
10] Coir
CK
11] Hack-Saw Blade
CL
Accused Santosh
1] Case paper
185 Accused Mahesh Shinde identified
by the witness.

21

Vasudeo Shivaram
Gaonkar

31

195

1] Arrest panchanama of accused


Santosh-196
2] Panchanama property Search
(Accused Santosh ) 197
2a] wallet
CO
2b] Driving Licence
CP
2c] Vibhuti
CQ
2d] Keys
CR CR1
2e] Eight visiting cards
CS1
to CS7
2f] Shanimantra
CT
2g] Eight visiting cards (Nikita Travels)

CU to
CU 7
2h] Citizen Watch
CV
2I] Silver colour ring
CW
2j] Nokia Mobile
V
2k] Reliance ( L G make )CN
3] Arrest panchanama of Accused
Tanaji Gawade 198
3a] Full Shirt CX
3b] Full Pant CX1
4]Seizure clothes of Body No.2-201
4a] Belt
BP
4b] Silver Ring ( Dudhe )AO
4c] Gunny bag
B2
5d] Black shoe
AP
5] Seizure clothes of Body No.3- 202
5a] Waist belt DB-3A
5b] Leather Belt DB-3B
6] Seizure clothes of Body No.4- 203
6a] Black Belt DB-4A
7] Seizure clothes of Body No.5- 204
7a] Blue colour Jeans pant DB-5A
7b] White Full Shirt - DB-5B
7c] Necklace String - DB-5C
7d] Waist Belt DB-5D
8] Arrest panchanama of Accused
Mahesh Shinde 208
9] Panchanama Seizure of Mobile 211
10] Nokia mobile
CM
11] Samsung
W

22

Babal Savalaram
Nandoskar

32

216

23

Hemant Jagannath Malkar

33

219

24

Satish Anant Korgaonkar

34

226

25

Santosh Jagannath Malkar

35

229

26

Pradip Suresh Chavan

36

236

27

Dr. Pravinkumar N.
Jadhav

37

238

1] Statement of Accused Tanaji U/s.27


217
2] Panchanama
218
3] Revolver
CY
4] Bullets
CZ
Accused Tanaji Gawade identified by
the witness.
1]Seizure Panchanama of Reliance
Mobile
222
3a] Reliance Mobile ( L G )DE
1] Statemant U/s.164
227
2] Nokia Mobile ( Santosh )
V
1] Inquest Panchanama of Body No.5
230
2] Blue colour Jeans Pant
DB5A
3] White Shirt
DB5B
4] Panchanama
231
4a] Escence sticks
DF
4b] Satchel of Escence sticks
DG
4c] Dry Roses flowers
DH
4d] 5 rs. Note
DI
4e] Two Bamboo Sticks
DJ
DJ1
4f] Black Plastic Paper
Y
1] Inquest Panchanama ( Body No.4 )
237
2] Belt
DB4A
3] Black colour full pant
FB4B
1] P. M. Report ( Body No.3 )239
2] Letter given to Malvan P.St.
240
3] C.A. Report ( Body No. 3 ) DL
4] C.A. Report ( Body No. 3 ) DL
1
5] Waist Belt
DB-3A
6] Leather Belt
DB-3B

28

Prabhakar Ladoba Sail

39

243

29

Vilas Anant Harmalkar

40

247

30

Anant Shridhar Abhyankar

43

258

31

Ankush Baburao Solanke

44

260

32

Vilas Dattaram Dongare

45

261

33

Satish Sadashiv Prabhu

46

263

34

Hariram Padam Patil

49

270

1] Seizure Panchanama of Skull of


Body No. 3, 4 & 5 for super imposition

246
1a] Skull of Body No. 3
DN
1b] Skull of Body No. 4
DO
1c] Skull of Body No. 5
DP
1] Seizure Panchanama of bones of
Body No.1, 3, 7&10
248
1] Property search panchanama
(Accused Yogesh Chavan)
259
2] Pass book of Greater Bombay Cooperative Bank
DV
3] Pass book of Maratha Sahakari Bank
DW
4] R.C. book & Keys of motorcycle
No.MH-05-M-8485
DX, DY
5] Envelope of article DV
DV 1
6] Envelope of article DX
DX 1
Accused Yogesh Chavan identified by
the witness.
1] Knife
AE
Accused Mahesh Shinde identified by
the witness.
1] Panchanama
262
2] Iron bar ( 14 inch )
DZ
3] Coir
EA
4] Lead
EB
1] Seizure Panchanama of register of
Pallavi lodge
264
2] register of Pallavi lodge
AM
1] Three Recipts given by accused
Mahesh's father271 to
271-2
2]Accd. Mahesh Shinde identified by
the witness.

35

Subhash Gangaram
Thombre

50

278

1] Panchanama
279
2] Pocket Diary
EC
3] Telephone Bills
ED,ED 1 to
ED 5
4] Three visiting cards
EE to
EE 2
5] Three hotel bills
EF to
EF 2
6] 7x12 extract
EG
7] Panchanama
280
8] Baccals
EH
9] Clip part of ball pen
EM
10] Burn pieces of cloth
EI
11] Locket
EJ
12] Burn nylon pieces
EK
13 Two keys
AF
14] Ball pen parts
EL
15] Baccals EM
16] Chuna EM
17] 25 paise coin ( Four coins ) EM
18] Two iron stribs - EM
19] Safety pin - EM
20] pieces of magnet EM
21] Ash
EM
22] Spot panchanama 281
23] sandle
EN
24] Blood Mixed soil ( Body No.1 )-ER
25] Ordinary soil ( Body No.1 )-ER
26] Blood Mixed soil ( Body No.2 )ER
27] Ordinary soil ( Body No.2 )
ER
28] Blood Mixed soil ( Body No.3 )ER
29] Ordinary soil ( Body No.3 )ER
29] White full shirt
30] Khaki full shirt
31] Handkerchif
ES
32] Comb
ET
33] Laterien Stone
EE
34] Blood Mixed soil ( Body No.4 )
35] Ordinary soil ( Body No.1 )
36] Socks
EV
37] Bunch of hair
EW
38] Leather shoe
EO
39] Blood Mixed soil ( Body No.5 )
40] Ordinary soil ( Body No.5 )
41] Blood Mixed soil ( Body No.6 )
42] Ordinary soil ( Body No.6 )- '
43] Blood Mixed soil ( Body No.7 )
44] Ordinary soil ( Body No.7 )
45] Panchanama
179
46] Butt of Muzzle Loader Gun CE
47] Cloth Bag
CF
48] Glass bottle ( 180ml ) CG

49] Plastick Bottle


50] Glass bottle
51] Glass bottle
52] Coir
CK
53] Hack-Saw Blade

CH
CI
CJ
CL

36

Mahesh Vitthal Parab

53

296

37

Vitthal Pundlik Chavan

55

304

38

Parshuram Ganpat Parab

56

306

39

Padamakar Arjun Naik

58

314

1] Seizure Panchanama of Hero Honda


Motor cycle of accused Yogesh
297
2] Hero Honda Motor cycle No. MH05- 8485EZ
3] Accused Yogesh identifide by the
pancha.
1] Panchanama
305
Accused Santosh identifide by the
pancha
1] Panchanama specimen signature of
accused Amit Shinde
307
2] Panchanama specimen signature of
accused Amit Shinde
308
3] Panchanama specimen signature of
accused Amit Shinde
309
4] Pallavi Lodge register
AM
5] Konkan Plaza register
BA
6] Specimen signatures of accused Amit
Shinde (Hotel Konkan Plaza ) Art.
FB to FB 11
7] Specimen signatures of accused Amit
Shinde (Konkan Plaza) Art. FA to
FA 5
8] Specimen signatures of accused Amit
Shinde (Hotel Pallavi ) Art. FC to
FC 5
9] Specimen signatures of Subhash
Chalke- 244/1 to 244/6
1] Letter given by S.P. Sindhudurg to
Hutchison Essar
315,315A &
315B
2] Certificate issued by Padmakar Naik
317
3]Call details of Mobile
No.9820963798- 317 A
4] Letter of Hutchison Essar
317 B
5] Letter of Hutchison Essar
318
6] Letter of Hutchison Essar 318 A &
318 B
7] Call details of Mobile No.
9819255303 318 C & 318D
8] Letter of Hutchison Essar 319, 319
A
9] Call details of Mobile No.
9819255303
320 &
320 A

40

Gerard Thomas D'mello

59

322

41

Sanjay Dagadu Kamble

60

324

1] Letter given by S.P. Sindhudurg to


AirTel
32
3
2] Covering letters
323 B
3] Call details of Mobile No.
9892202752
3
23 A
4] Certificate issued by Airtel
323 C
5] Letter given by D'mello to
S.P.Sindhudurg
323 D
6] Letter given by S.P. Sindhudurg to
AirTel
323 E &
323 F
1] Letter given by D.C.P. Vashi
325
2] Letter given by S. P. Sindhudurg to
BPL
326
& 327
3] Covering Letters
325 A &
326 A
4] Call Details of Mobile
No.9821281575 325 &
326 B
5] Certificate issued by Kamble 325 C

42

Uttam Vithoba
Malgaonkar

61

328

1] Panchanama of taking blood


samples of deceased relatives for
D.N.A. test 329
1a] D.N.A. identification form of
Vinayakrao Dudhe
330
1b] D.N.A. identification form of
Ranjitsingh Dudhe
331
1c] D.N.A. identification form of
Vinayak Chavan
332
1d] D.N.A. identification form of
Pradeep Pisal
333
1e] D.N.A. identification form of
Shashiraj Pisal
334
1f] D.N.A. identification form of
Kailash Mali
335
1g] D.N.A. identification form of
Yamunabai Mali
336
1h] D.N.A. identification form of
Ratnakar Doke
337
1I] D.N.A. identification form of
Namdev Gaware
338
1j] D.N.A. identification form of
Dhondu Sarage
339
2] Panchanama of taking blood samples
of deceased relatives for D.N.A. test
340

2a] D.N.A. identification form of


Bhimrao Chavan
341
2b] D.N.A. identification form of
Mohan Doke
342
2c] D.N.A. identification form of Sudip
Thakare
343
2d] D.N.A. identification form of Swati
Thakare
344
2e] D.N.A. identification form of Usha
Chavan
345

43

Fhattesingh Vinayakrao
Dudhe

63

348

44

Dhondu Babu Sarge

64

349

45

Vimal Madanlal Kapoor

65

352

46

Sachin Mahadev Shinde

67

354

47

Gynendra Padmakar
Upadhye

68

360

48

Dayanand Jagannath
Thorat

69

363

1] Photo of deceased Vijaysingh Dudhe


AB
2] Ring
AO
3] Wrist watch
CV
4] Canvas Shoe
AV
1] D.N.A. identification form of
Dhondu Sarage
339
1] R.C. Book of Sumo Jeep MH-04AS-46 (Owned by Accused Santosh )
EK
1] Letters issued by D.C.P. Vashi to I.
D.E.A. mobile company
355 & 356
2] Covering letter
355-A
3]Call details of mobile No.9821281575
355B
4] Certificate issued by Shinde
355-C
5] Letter given by S.P. Sindhudurg to
I.D. E.A.
356
1] Letter given by S.P. Sindhudurg to
Reliance Infocom361 &
362
2] Covering letter
361 B
3] Call details of mobile No.
2234268026(A1)
361 A
4] Covering letter
362 B
5] ] Call details of mobile No.
2234268026 (A1)
362 A
1] Photograph of deceased Sarge Z

49

Harjitsingh Mahindarsingh Kochar

70

365

50

Sau. Dipali Dilip


Malgaonkar

71

374

1]Herohonda Motorcycle MH-W- 048518-FM


2] Herohonda Motorcycle ( Yogesh )
MH-05- M- 8485
EZ
3] Official receipt given to accused
Amit Shinde
366
4] Delivery note given to accused Amit
Shinde
367
5] Official receipt given to accused
Yogesh Chavan
368
6] Delivery Note given to accused Amit
Shinde
369
7] R .C. Book accused Amit Shinde370- CX
8] R .C. Book accused Yogesh Chavan
371,
DX
1] D.N.A. identification form of
Vinayakrao Dudhe
330
1a] D.N.A. identification form of
Ranjitsingh Dudhe
331
1b] D.N.A. identification form of
Vinayak Chavan
332
1c] D.N.A. identification form of
Pradeep Pisal
333
1d] D.N.A. identification form of
Shashiraj Pisal
334
1e] D.N.A. identification form of
Kailash Mali
335
1f] D.N.A. identification form of
Yamunabai Mali
336
1g] D.N.A. identification form of
Ratnakar Doke
337
1h] D.N.A. identification form of
Namdev Gaware
338
1I] D.N.A. identification form of
Dhondu Sarage
339

51

Kamalakar Vasant Gawade

73

377

52

Santosh Mohan Yadav

75

390

1] Letter given by police constable


Jamdar to Sarpanch of Salel
Grampanchyat 378
2] Letter given by Kamalakar Gawade
to P.I. Malvan
379
3] Photograph of Body No. 10
BB 3
1] Hand bag of accused Amit
F
2] Hand bag of accused Mahesh
S
3] Hand bag of accused Yogesh
T
4] Brief case of accused Santosh
P
4
5] Iron bar
I
6] Sword
AG
7] Muzzle Loader Gun of accused
Tanaji -J/K
8] Muzzle Loader Gun of accused
Tanaji (Cutting parts) AI,
AH, AJ, AK
9] Muzzle Loader Gun of accused
Chandrashekhar MasurkarH
10] Revolver
CY
11] Reliance mobile
DE

53

Anil Digambarrao
Jinturkar

76

393

1] Letter given by Dr. Jinturkar to S. P.


Sindhudurga
394
2] Letter given by Landge to Dean of G.
M. C. , Miraj
395
3] Letter given by Landge to Dean of G.
M. C. , Miraj
396
4] Letter given by I.O. Prabhukhanolkar
to Dr. Jinturkar397
5] Letter issued by Dr. Jinturkar to I.O.
Prabhukhanolkar
398
6] Covering letter of reports 399
7] Key of the photographs of Body
No.1-402
8] Photographs of Body No.1- Art.DB1/L, M, N, O, P & Q, DT, DU, DR, DS
9] Opinion of expert committee 403
10] Key of the photographs of Body
No.2-404
11] Photographs of Body No.2-'DB-2A
to DB-2G, DB-2H, I & K.
12] Opinion of expert committee 405
13] Key of the photographs of Body
No.3-406
14] Photographs of Body No.3 DB3C,D, E,F, G, H, I, J & K
5] Opinion of expert committee 407
16] Key of the photographs of Body
No.4-408
17] Photographs of Body No.4 DB-4C
& DB-4K
18] Opinion of expert committee 409
19] Key of the photographs of Body
No.5-410
20] Photographs of Body No.5 DB-5E
to DB-5J
21] Opinion of expert committee 411
22] Key of the photographs of Body
No.6-412
23] Photographs of Body No.6 DB-6B
to E , CC
24] Opinion of expert committee 413
25] Key of the photographs of Body
No.7-414
26] Photographs of Body No.7- DZ,
DY, DX, DB-7-C to DB-7/ J
27] Opinion of expert committee 415
28] Bones of Dead body No.7 DB-7K, DB-7 L
29]Key of the photographs of Body
No.8- 416
30] Photographs of Body No.8 DB8-D to DB 8 H
31] Opinion of expert committee 417
32] Key of the photographs of Body
No.9-418
33] Photographs of Body No.9 DB- 9
C, D, E, F, & H
34] Opinion of expert committee 419

35]Key of the photographs of Body


No10-420
36] Photographs of Body No.10 DB10/D to DB-10-G
37] Bones of DB-10- DB-10/H, H-1
38] Opinion of expert committee 421
39] Bones of DB-1 DB- 1 /R, R-1

40] Bones of DB-3 DB- 3 /L, L-1,


L-2
41] Letter given by Civil surgeon,
Sindhudurga to G.M.C., Miraj
175
42] Letter given by P.S.I. Yadav to
G.M.C. Miraj
483
43] Viscera list of DB-1- 484
45] Viscera list of DB-2- 485
46] Viscera list of DB-3- 486
47] Viscera list of DB-4- 487
48] Viscera list of DB-5- 488
49] Viscera list of DB-6- 489
50] Viscera list of DB-7- 490

54

Vasant Pundlic Parab

77

431

55

Sanjiv Gopalrao Jadhavar

79

439

56

Jyoti Sanjay Gaware

80

448

57

V. D. Joshi

81

455

1] Inquest panchanama of Body No.2


433
2] Inquest panchanama of Body No.3
434
3] Shoe ( Body no.2 ) A P
4] Ring ( Body no.2 ) A O
5] Belt ( Body no.2 ) B P
1] Panchanama of identification Parade
440
2] Memorandom of identification
parade 441
3] Charts of witnesses showing the
sequences of witnesses called and the
persons identified by them
442, 443 ,444
4]Letter given by Executive Magistrate,
Sawantwadi to I.O.Mr. Prabhukhanolkar445
1]Photograph of deceased Sanjay
Gaware-AA
2] Photograph of deceased Bala Pisal
AD
3] Two Photographs( Deceased Gaware
) at page No. 69 of session case No.
5/05 AA 1 & AA 2
4] Black rubber ring
FO
5] Belt
DB-4 A
6] 7x12 extract
EG
7] Full shirt
EP
8] Full pant
DB-4 L
9] Handkerchief
DB-4M
10] Statement recorded by Badlapur
Police Station
FW
1] Receipt of Viscera reports of dead
body No.1 to 9552 to 560
2] Letter given by Prabhukhanolkar to
rural hospital Malvan561
3] Receipt of blood samples of accused
No. 1 to 4 562

58

Sharad Nago Lohakare

82

59

Sunil Tukaram Parab

84

60

Suhas Jayram Rane

86

61

Atamaram Sitaram Gosavi

91

62

Vishnu Tukaram Kalsulkar

92

456

1] Report ( Body No. 4 ) given by


Lohakare to Station officer Malvan Exh 512
2] Report ( Body No.5 ) given by
Lohakare to Station officer, Malvan Exh 513
3] Receipt of C. A.
Exh. 514
4] Receipt of hand-writing expert, Pune
515
5] Letter given by I. O.
Prabhukhanolkar to handwriting expert

516
6] Chit of acknowledgment given by
handwriting expert
517
1] Report given by Parab to in-charge
of Malvan police station
529
1] Report (Body No.2) given by Rane to
in-charge of Malvan police station
524
2] Report (Body No.3) given by Rane to
in-charge of Malvan police station
525
1] Report (Body No.9) given by Gosavi
to in-charge of Malvan police station
532
2] Order given by I.O. Prabhukhanolkar
to Gosavi
533
3] Seizure Panchanama of Hack-saw
Blade dated 11/03/2004179
4] Report given by Gosavi to in-charge
of Malvan police station
534
5] Seizure Panchanama of Money purse
dated 14/03/2004
535
6] Report given by Gosavi to in-charge
of Malvan police station
536
7] Receipt of fire injury mark report
537
8] Report given by Gosavi to I.O.
Prabhukhanolkar
538
9] Money purse
FY
1] Receipt of reports of Articles
containing Gunpowder and others
542

63

Vijay Murlidhar Dhumal

93

64

Kishor Janardan Hirlekar

94

65

Arun Shantaram Jadhav

95

563

66

Subhash Tukaram
Dabholkar

96

574

67

Pradeep Anantrao Pisal

97

575

1] Seizure Panchanama of Diary of


deceased Dadasaheb Dinkar Chavan
dated 11/03/2004
522
2] Diary of deceased Dadasaheb Dinkar
Chavan
FX
1] Receipt of report of Telephone Diary
531
1] Seizure panchanama of Bag &
Driving Licence of accused Mahesh
Shinde- 564
2] Bag and driving licence
FZ
3] Seizure panchanama of Bag &
Driving Licence of accused Yogesh
Chavan - 565
4] Bag and driving licence
T
5] Driving licence GA
6] Seizure panchanama of Bag, Shirt &
Pant of accused Amit Shinde 566
7] Bag
F
8] Half Shirt (Amit )
GB
9] Full Pant ( Amit )
GC
10] Report given by Jadhav to I.O.
Prabhukhanolkar
567
11] Written Order given by I.O.
Prabhukhanolkar to Jadhav568
12] Report given by Jadhav to I.O.
Prabhukhanolkar
570
13] Receipt of Exh.1 to 107
569
14] Receipt of report of Skull super
imposition
571
1] Seizure panchanama of Money Purse
535
2] Money Purse
FY
1] Photograph of deceased Pisal AD
2] Blue Jean Pant
DB-5-A
3] Shirt
DB-5-B
4] Shoes
EO
5] D. N. A. identification form of
Pradeep Pisal
334
6] D. N. A. identification form of
Shasiraj Pisal
333

68

Vinayak Dinkar Chavan

98

579

69

Vijaykumar Baswanna
Tupad

101

589

70

Rajendra Mahadev Todkar

102

594

71

Deepak Namdev
Bandalkar

103

598

1] D. N. A. identification form of
Bhimrao Dinkar Chavan
341
2] Telephone Diary of deceased Chavan
PC
3] Diary of deceased Chavan FX
4] Belt
DB-3B
1] Letter given by I.O. Prabhukhanolkar
to Dean of Miraj Medical College
397
2] Letter given by I.O. Prabhukhanolkar
to Dr. Nagraju (D. N. A.)
590
3] Letter given by Dr. Sobhan Babu to
S. P., Sindhudurga.591
4]Report given by Tuppad to I.O.
Prabhukhanolkar
592
1] Letter given by C. D. F. D.,
Hyderabad to I.O. Prabhukhanolkar
595
2] Report given by Todkar to I. O.
Prabhukhanolkar
596
1] Seizure panchanama of pocket Diary
of deceased Dadasaheb Chavan
522
2] Diary of deceased Dadasaheb Dinkar
Chavan
FX

72

Dipak Manohar Wagle

104

599

1] Letter given by S. P. Sindhudurga to


Hand Writing Expert515
2] Letter given by S. P. Sindhudurga to
Hand Writing Expert516
3] Entry No. 892, 912 & 913 of register
of Hotel Konkan plaza
121 & 122
4] Page No.76 of register of Hotel
Pallavi- 89
5] Agreement dated 17/10/1988
600
6] Rs. 20 Blank Bond paper
601
7] Specimen signatures of Subhash
Chalke 244/1 to 244/6
8] 4] Pallavi Lodge register
AM
9] Konkan Plaza register
BA
10] Specimen signatures of accused
Amit Shinde (Hotel Konkan Plaza )
Art. FB to FB 11
11] Specimen signatures of accused
Amit Shinde (Konkan Plaza) Art. FA
to FA 5
12] Specimen signatures of accused
Amit Shinde (Hotel Pallavi ) Art. FC
to FC 5
13] Specimen signatures of Subhash
Chalke - 244/1 to 244/6
14] Opinion of Hand Writing Expert
602
15] Conclusion of Hand Writing
Expert- 603
16] Negatives of concerned documents
604/1 to 604/28
17] Pocket diary Art. EC
18] Natural hand writing( Diary ) of
deceased Dadasaheb Chavan Art. FX
14] Note book of Amit- Art.GD1, GD2,
GD3

73

Dr. Mangesh Prakash


Tarate

105

606

1] P.M. report of Body No.4607


2] Letter given by Tarte to P.I. Malvan
608

74

S. Pandurang Prasad

107

649

1] C.D.F.D. identification form of


relatives of deceased
330 to 345

2] D. N. A. report
650
3] Letter given by I.O.
Prabhukhanolkar to C.D.F.D.,
Hyderabad
651 A

75

Ratnaprabha Dattatray
Gujrathi

108

663

4] Letter given by I.O.


Prabhukhanolkar to C.D.F.D.,
Hyderabad with photograph 651B
5] Receipt given by Shobhan Babu
(C.D.F.D.) of bone samples of dead
body Nos. 2,4,3,5 7&10590
6] Letter given by C.D.F.D. Hyderabad
to S.P. Sindhudurga
591
7] Announcement of population of data
(Referred by D.N.A.)662
8] Letter given by Shobhan Babu
(C.D.F.D.) to S.P. Sindhudurg
659
9] Book referred by S.P.R. Prasad 661'
1] Receipt of report of super imposition
571
2] The office copy of the letter dated
06/08/2004 signed by Mr. Athyle
(Assistance) 665
3] Letter given by I. O. to F.S.L.
Mumbai dated 09/09/2004
666
4] Report of Superimposition of dead
body No.3, 4, & 5
629
5] Skull M. R. No.27
Art DO
6] Photograph of Sanjay Namdev
Gaware sent by Police
667
7] Skull M. R. No. 28
Art DP
8] Photograph of Dadasaheb Dinkar
Chavan sent by Police
668
9] Developed photograph Exh.2 AC-1
10] Superimposed photograph of
Exh.2AC-2
11] Skull M. R. No.28
Art
DP
12] Photograph of Vinayak Anant Pisal
sent by Police
669

76

Anand Vishnu Bandodkar

109

670

77

Vijaykumar Dattaram
Bandodkar

110

671

1] Extract of Amit Ashok Shinde


647-A
2] Certificate issued by bank
647-B
3] Original Saving passbook of Amit
Ashok Shinde BL
4] Duplicate saving passbook of Amit
Ashok Shinde BL-1
5] Attested Photograph on the cheque
book issued against sving bank A/c.
No.10262 of Amit Ashok Shinde BL-2
(Bank of Maharashtra, Dahisar branch)
1]Extract of Yogesh Madhukar Chavan646-A
2] Another Bank A/c. No.01190/034515
of Yogesh Madhukar Chavan
646-B
3] Certificate issued by bank
646C
4] Book of pay- slip
GE

78

Krishna Dattaram Parab

111

672

1] Computerised satement of account


No.15046 of Amit Ashok Shinde
645-A
2] Computerised satement of account
No. 15047 of Yogesh Madhukar
Chavan645-B
3] Computerised satement of account
No.15052 of Sangita Ashok Shinde
645-C
4] Certificate issued by Bank
645-D
5] Original account opening Amit
Shinde673
6]Original account opening Sangita
Shinde --674
7] Original account opening Yogesh
Chavan
675
8] Original Pass book of Yogesh
Chavan
Art. DV
9] Original Pass book of Amit
ShindeArt GF
10] Original Pass book of Sangeeta
Shinde Art. GG
11] Original Pass book of Poonam Loke
Art. GH
12] Pay sleep book Art. GI
13] Counter foil of Poonam Loke Art.
GI-1
14] Second Counter foil Art. GI-2
15] Another Counter foil of Amit
Shinde -GJ
16] Three Counter foil of Yogesh
Chanvan 'Art. GK- 1, 2 '
17] Counter foil of Sangeeta Shinde
'Art. GK-3
18] Cheque book of Yogesh Chavan
Art.GL
19] Cheque book of Amit Shinde Art.
GM

79

Vidhyadhar Shankar
Rawool

112

676

1] Computerized extract of account of


Sujata Gajanan More 648A
2] Certificate of the same 648-B
3] Original pass book of Yogesh
Madhukar Chavan
Art. DW
4] Original pass book of Mahesh
Dhanaji Shinde
Art.
DU
5] Original pass book of Sujata Gajanan
More
Art.
BK
6] Pay slip in the name of Amit Ashok
Shinde
Art.
GN
7] Counter Foil in the name of Amit
Ashok Shinde
Art.
GN-1
8]Cheque book of Amit Ashok Shinde
Art. GO
Maratha Sahakari Bank, Branch
Borivali

80

Shamsunder Shridhar
Munj

113

679

1] Office copy of the letter dated


26/02/2004
569
2] Chambered Revolver Art. CY
3] Five Cartridges
Art. CZ
4] Single barrel Muzzle loading Gun
with ram rod
Art. H
5] Barrel of Muzzle loading Gun
having nipple
Art. J
6] One cut piece of wooden butt stock
with trigger
Art.
K
7] One single barrel Muzzle loading
Gun having cut wooden butt stock
Art. AI
8] Barrel with butt Art. AH
9] Cut barrel Muzzle loading Gun Art.
AJ
10] Cut wooden stock
Art. AK
11] Broken piece of wooden stock
having trigger guardArt. CE
12] Coconut Coir
Art. EA
13] Lead shoe in a polythene bag Art.
EB 14] One thin Iron Rod having blade
Art. DI
15] Partly burnt cloth pieces
EI
16] Partly burnt cloth pieces
EK
17] Report
614
18] Photographs indicating situation of
the weapons -680A, B, C
19] Negatives of the same photograph
680-D 20] Office copy of the letter
given by I.O. Prabhukhanolkar542
21] Office copy of the letter with sealed
parcel given by I.O. Prabhukhanolkar
537
22] Black powder in a glass powder
Art.CB
23] Grey powder in a plastic
containerArt.CJ 24] Assorted leads
shots in all 30 pellets in glass bottelsArt.CH
25] Percussion capArt. C I
26] Coconut Coir
Art. CK
27] Certificate issues under signature
and seal of office
615
28] Report
613

81

Hanumant Vinayak
Kulkarni

114

681

82

Manoj Kopi sah

115

684

83

Santosh Damodar Patil

116

685

84

Chandrakant Bhagawan
Lad

117

687

85

Prabhakar Sakharam
Chavan

118

689

1] Office copy of the letter given by


I.O. Prabhukhanolkar682
2] Report given by H.V. Kulkarni to
I.O. Prabhukhanolkar683
1] Panchanama in the house of Yogesh
Chavan
565
2] The black regzin bag Art.
T
3]The driving licens of Yogesh Chavan
Art G A
4]Panchanama in the house of Amit
Shinde
564
5] Bag
Art. FA
6] Khaki shirt Art. GB
7] Khaki pant Art. GC
1] Inquest panchanama of Body No.4 &
5 -230, 237'
2] Report submitted to I. O. 686
1] Seizure panchanama of clothes
produced by the police personals
200 to 206
2] Report submitted to I. O.
688
1] Statement of Appa Rajaram Rane
(Servant of Pallavi Lodge)690
2] Written order issued by I. O. to P. S.
Chavan
691
3] Seizure panchanama of register
(Mayur Lodge, Malvan)207
4] Register of Mayur Lodge Malvan
Art. AL
5] Seizure panchanama of register
(Hotel Konkan Plaza, Kankavli)376
6] Register of Hotel Konkan Plaza,
Kankavli Art. BA
8] Seizure panchanama of register
(Pallavi Lodge, Kankavli)264
9]Register of Pallavi Lodge,KankavliArt.AM
10] Entry regarding occupant of room
No.5 by name Amit Shenoy
89
11] Report submitted to I.O. 692

86

Pramod Bhimrao Miasl

120

699

1] Barrel of Muzzle loader Gun Art. J


2] Piece of wooden Butt
Art. K
3] Single Barrel Muzzle loader Gun
having cut wooden Butt Stock Art. A I
5] Cut wooden Butt stock
Art. A
H
6] Cut barrel of Muzzle loader Gun
Art. A J
7] Broken piece of wooden stock Art.
CE
8] Partly burnt cloth piece
Art. E
K
9] Partly burnt cloth piece
Art.
EI
10] Blood Mixed soil ( Body No.1 )
ER
11] Ordinary soil ( Body No.1 )ER
12] Blood Mixed soil ( Body No.2 )ER
13] Ordinary soil ( Body No.2 )
ER
14] Blood Mixed soil ( Body No.3 )ER
15] Ordinary soil ( Body No.3 )ER
16] Blood mixed soil ( Body No.8 )
DA
17] Ordinary Soil ( Body No.8 )
D
B
18] Blood Mixed soil ( Body No.9 ) DC
19] Ordinary Soil ( Body No.9 )
D
D
20] Piece of nylon cord
Art. DB1D
21] Blue color Jacket
Art.
O
22] Buckles of PantArt. L
23] Partly burnt paper pieces Art. L
1
24] Ballistic report
617

87

Liyaka Alli Shaikh Ismail


Pardeshi

121

701

88

Vijay Kamalaji Yadav

122

711

89

Shankar Algonda Shirtikar

123

716

1] Inquest panchanama of body No.1


432
2] Inquest panchanama of body No.2
433
3] Inquest panchanama of body No.3
434
4] Inquest panchanama of body No.8
702
5] Inquest panchanama of body No.9
220
6] Full pant ( Body no.1 )
Art.
DB-1E
7] Sandle ( Body no.1 )
Art.
DB-1B
8] Gunnybag ( Body no.1 ) Art.
DB-1K
9] Shirt ( Body no.1 )
Art.
DB-1A
10] Shoe ( Body no.2 )
Art.
AP
11] Ring ( Body no.2 )
Art. A
O
12] Belt ( Body no.2 )
Art. B
P
13] Gunny BagB-2
14] Blue colour Half Pant
DB8A
15] Banian
DB-8B
16] Waist Belt DB-8C
17] Talisman
DB-9A
18] Waist Belt DB-9B
1] Report given by Yadav to I.O.
Khanolkar
712
2] Report given by Yadav to I.O.
Khanolkar
713
3] Report given by Yadav to I.O.
Khanolkar
714
4] Written order given by I.O.
Khanolkar to Yadav
715
5] Indents of Body No.1
484
6] Indents of Body No.2
485
7] Indents of Body No.3
486
8] Indents of Body No.4
487
9] Indents of Body No.5
488
10] Indents of Body No.6
494
11] Indents of Body No.7
490
12] Office copy of application dated
23/12/2003 483
13] The letter given by P. I. Landge to
G. M.C., Miraj
395
1] Report given by Shirtikar to I.O.
Prabhukhanolkar
717

90

Rajendra Narayan
Mungekar

124

719

1]Photograph of deceased Thakare


Art.BB-3
2] Panchanama
275
3] Seizure Panchanama of Diary 279
4] Inquest pancanama of body No.6
292
5] Inquest pancanama of body No.7
293
6] Report submitted to I.O.
720
7] F. I. R. of C. R. No. 89/03
721
8] Proforma F.I.R.
722
9] Report submitted to I.O.
723
10] Order given by I. O. to Mungekar724
11] Report submitted to I.O.
726
12] Seizure panchanama of R.C. book
of Hero Honda Motorcycle of A3
(Yogesh) 259
13] Seizure panchanama of of Hero
Honda Motorcycle of A3 (Yogesh)
297
14] Delivery note
366 ,
367
15] Receipt
369
16] House search of deceased Mali
347
17] Letter given by Mungekar to India
Govt. Mint
727
18] Report submitted to I.O.
728
19]Letter of Creative
computers(Yogesh)729
20] Letter of Audio Visual Equipment
(Yogesh )730
21] L. I. C. licence of Amit
731
22] Salary certificate of Amit732
23] Letter given to L.I.C. of India
733
24] Letter given to Bank of Baroda
734
25]Pass book of Bank of Baroda
(Yogesh)735
26] Letter given to State Bank of India
736
27] Order given by I.O. Mungekar
737
28] Order given by I.O. Mungekar
738

23] Report submitted to I.O.


729
24] Leaving certificate of Amit
740-A
25] Marksheet of Amit
740-A
26] Leaving certificate of Mahesh
740-M
27] Marksheet of Amit
740-M
28] Marksheet of Yogesh
740-Y
29] Salary certificate of Mahesh Shinde
741
30] Order given by I.O. Mungekar
742
31] Report submitted to I.O.
743
32] Telephone Diary
Art.
EC
33] Telephone Bills
ED, ED 1 to
ED 5
34] Three visiting cards EE to EE 2
35] Three hotel bills EF to EF 2
36] 7x12 extract
EG
37] Passbook
DV, DW
38] R.C. Book
DX
39] Keys of Motorbike DY
40] Motorcycle of Yogesh PZ
41] Stamp paper
AW
42] Chit
AZ
43] Gazette
FD
44] Visiting cardsFH to FH 5
45]Five fotots of Mr. & Mrs. Mali-FE
to FE 5
46] Driving licence of Mali FG
47] Telephone diary of Mali FJ

91

Vijaykumar Nana Godbole

125

746

1] Panchanama
280
2] Art. No. 2 to 15- Art. EH & EH-1,
EM, EI, ED, EK, AF, EL & EM
3] Office copy of the letter dated.
22/12/2003 given by I.O.
747
4] Arrest panchanama of accused Amit
Shinde
748
5] Arrest panchanama of accused
Yogesh Chavan
749
6] Art. Nos. 126 & 127 CM & H
7] Report submitted to I.O. 750
8] Office copy of the order given by
I.O. to Godbole
751
9] Order of Court U/s. 164 to record the
statement752
10] Report submitted to I.O. 753
11] Copy of the order given by I. O.
754
12] Seizure Panchanama of Hero
Honda Motorcycle and R.C. book of
Amit 755

13] Seizure Panchanama of Bank


pass books from Poonam Loke's
house
756
14] Art. 96 to 110 ' GF, GG, BL1,GH, GN, GI, GY-1, GJ,

GK-1, GK-2, GK-3, GE, GN, GM, GO


& BL
15] Report given by Godbole to I.O.
758
16] Order of Court U/s. 164 to record
the statement759
17] Order of Court U/s. 164 to record
the statement760
18] Report submitted to I.O.
761
19] Copy of the order given by I. O.
762
20] Copy of the order given by I. O.
763
22] Report submitted by Godbole to
C.J.M., Oros
764
23] Order of Court U/s. 164 to record
the statement765
24] Report submitted to I.O.
766
25] Report given by Godbole to I.O.
767
26] Order of Court U/s. 164 to record
the statement768
27] Report submitted to I.O.

769
28] Order of Court U/s. 164 to record
the statement770
29] Report submitted to I.O.
771
30] Report given by Godbole to I.O.
772
31] Order of Court U/s. 164 to record
the statement773
32] Report submitted to I.O.
774
33] Copy of the order given by I.
O.775
34] Order of Court U/s. 164 to record
the statement776
35] Order of Court U/s. 164 to record
the statement777
36] Report submitted to I.O.
778
37] Report submitted by Godbole to
C.J.M., Oros
779
38] Order of Court U/s. 164 to record
the statement780
39] Report submitted to I.O.
781

92

Yusuf Ramzan Bagwan

126

785

1] Order given by I.O.


786
2] Spot panchanama
388
3] Statement U/s. 27 of Amit
54
4] Panchanama
55
5] Order given by I.O.
787
6] Seizure panchanama of Tata
Sumo789
7] Report submitted to I.O.
790
8] Order given by I.O.
791
9] Property search Panchanama 164
10] Property search Panchanama 163
11] Report submitted to I.O.
792
12] Black colour full pant (accused
Mahesh Shinde) Art. BS
13] Blood Mixed soil
FN
14] Ordinary soil
FO
15] Pieces of stone
FP
16] Rubber Ring
FQ
17] Pieces of bangles
FR
18] Pieces of Navakal News paper
FR-1
19] Pieces of stone
FR2
20] Pieces of bangles
FS
21] Sandal
FT
22] Receipt given by Hariram Padam
Patil 271', '271A', '271B,
23] Brief Case ( Mali )E
24] Talismath ( Rajesh Mali ) M
25] Pieces of Navakal paper N

93

Maula Noormahmad
Landge

127

795

1] Memorandom panchanama 52
2] Panchanama
53
3] Letter given by Landge to G. M. C.,
Miraj
395
4] Letter given by Landge to Executive
Magistrate, Malvan 300
5] Letter given by Landge to Dr. Pol
140
6] F.I.R. of Cr. No. 1/04
796
7] Proforma F.I.R.
797
8]Letter given by Landge to
GMC.,Miraj396
9] Seizure panchanama of Skulls 246
10] Receipt of C.A.of telephone diary
531
11] Report Submitted to District
Collector Sindhudurga for permission to
submit chargesheet U/s.39 of Arms act 798
12] Report given to C.A. for super
imposition of Skull 571
13] Information report submitted by
Landge to C.A.
666
14] Letter given by Landge to
B.D.O.799
15] Reply given by B.D.O. to Landge
800
16]School leaving certificate of A1
801 & 802
17] Seizure panchanama of Reliance
Mobile 222

94

Madhav Prabhakar
Prabhu-Khanolkar

Date :- 26.5.09.
Sindhudurg-Oros.

128

804

1] Letter given by Khanolkar to civil


surgeon
809
2] Letter given by Khanolkar to
Executive Magistrate Malvan810
3] Letter given by Khanolkar to R.T.O.
Kudal
811
4] Letter given by R.T.O. Kudal to P.I.
Malvan
812
5] Letter given by Khanolkar to
Executive Magistrate Malvan
815
6] Letter given by Executive Magistrate
to P.I. Malvan
816
7] Letter given by Khanolkar to
Executive Magistrate Malvan
818
8] Report given by Executive
Magistrate Malvan to Khanolkar
819
10] F.I.R.
821
11] Proforama F.I.R.
822
12] Letter given by Khanolkar to
Collector Sindhudurg
823
13] Charge-sheet of C.R. No.24/04
1
14] Letter given by Khanolkar to civil
surgeon Oros
174
Sd/( J. N. Shanbhag.)
Addl. Sessions Judge,S'durg
at :- Oros.

ANNEXURE -'C'
Name

Account
No.

Sept.03

15046

--

Octo.03 Nove.03 Dece.0


3

AMIT ASHOK SHINDE.


The greater Bombay Bank.

--

5,000/-

--

(10/11)
40,000/(11/11)
Bank of Maharashtra.
State Bank of India.

10262

1,56,812/
-

01190/

(16/9)

034515

--

--

7,000/-

--

(5/11)
15,000/- 15,000/(3/10)

--

(10/11)

13,000/(6/10)
215/(11/10)
YOGESH MADHUKAR
CHAVAN.

35093

--

--

Maratha Sahakari Bank.

5,000/-

--

(18/11)
20,000/(19/11)
15047

--

--

The Greater Bombay Bank.

5,000/-

--

(10/11)
40,000/(11/11)
40,000/(18/11)
01190/

State Bank of India.

033835

10,000/- 10,000/- 30,000/(29/9)

(1/10)
5,000/(3/10)

(19/11)

--

MAHESH DHANAJI SHINDE.


Maratha Sahakari Bank.

32157

--

4,000/- 10,000/
(31/10)

--

(4/11)

3,000/(28/11)
SUJATA GAJANAN MORE.
Maratha Sahakari Bank.

34021

20,000/-

--

(29/9)

24,000/
-

--

(3/11)
25,000/
(3/11)
20,000/
(19/11)

SANGEETA ASHOK SHINDE.


The Greater Bombay Bank.

15052

--

--

500/-

--

(12/11)
500/(13/11)
35,000/
(20/11)
POONAM A. LOKE.
The Greater Bombay Bank.

14566

1248/(17/9)
600/(22/9)

Date :- 26.5.09.
Sindhudurg.

--

40,000/
-

--

(11/11)
3,000/(13/11)

Sd/-

( J. N. Shanbhag.)
Addl. Sessions Judge, Sindhudurg
At Oros.