- (1.) Five small girls about ten years of age, a year old infant and four women in their mid-thirties were found murdered between November 14, 1972 and January 4, 1974 in a village called Manwat in Maharashtra. The murders of these ten females show significant similarities in pattern and conception. The time and place chosen for the crimes, the preference for females as victims, the nature of injuries caused to them, the strange possibility that the private parts of some of the victims were cut in order to extract blood, the total absence of motive for killing these very girls and women, the clever attempt to dodge the police and then to put them on a false scent and the extreme brutality surrounding the crimes give to the case an eerie appearance. Such harrowing happenings make the task of discovering truth difficult and it is just as well to begin with Justice Vivian Bose's reminder that the shocking nature of the crime ought not to induce an instinctive reaction against a dispassionate scrutiny of facts and law.
(2.) We have three appeals before us, all by special leave granted by this Court. Cr. A. No. 437 of 1976 is filed by accused Nos. 9 to 12. Criminal Appeal No. 438 of 1976 by accused No. 3 while Criminal Appeal No. 441 of 1976 is filed by the State of Maharashtra against the acquittal of accused Nos. 1 and 2.
(3.) Eighteen persons were put up for trial before the learned Sessions Judge, Parbhani for the ten murders. Two out of these, Ganoat Bhagoji Salve and Shankar Gyanoba Kate were tendered pardon by the learned Judge and were examined in the case as approvers. Accused No. 6 died during the trial leaving 15 persons for consideration of the question whether they had conspired to commit the murders and whether the murders were committed in pursuance of that conspiracy. The learned Sessions Judge acquitted accused Nos. 4, 5, 7, 8 and 13 to 16, Accused Nos. 1 and 2 were convicted under Sec. 302 read with S. 120-B and Section 109 of the Penal Code. Accused Nos. 3 and 9 to 12 were convicted under S. 302 read with S. 120-B and S. 34 of the Penal Code, Accused Nos. 1, 2 and 3 were sentenced to death while accused Nos. 9 to 12 were sentenced to life imprisonment.;