RAJENDRA SHANTARAM TODANKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Eight accused persons, namely, Ashok Bhikaji Gurav (accused No. 1), Nathuram Bhikaji Gurav (accused No. 2), Santosh alias Kalya Jagannath Shirwadkar (accused No. 3), Santosh alias Babya Dashrath Nagvekar (accused No. 4), Ravindra alias Bobby Anant Surve (accused No.5), Anant alias Papya Jagannath Shirodkar (accused No. 6), Prakash alias Vatanya Laxman Pednekar (accused No. 7) and Rajendra Shantaram Todankar (accused No. 8) were tried on several charges framed under Sections 143, 144, 147, 302, 302/149, 302/34, 307, 307/149, 307/34, 324, 324/149, 324/34 and 324/511 IPC. On trial all the accused persons were held to have committed offences punishable under Sections 143, 144, 147, 302/149 and 324/149 IPC. For offence under Section 302 read with Section 149 IPC each of the accused persons was sentenced to suffer imprisonment for life and to pay a fine of Rs. 1000/- in default of payment to suffer further R. I. for 6 months For offence under Section 324/149 IPC each of the accused was sentenced to suffer R. I. for 6 months. Though all the accused were also convicted for the offences punishable under Sections 143, 144 and 147 of the IPC but no separate sentences were awarded thereon. All the eight accused persons preferred an appeal before the High Court. During the pendency of the appeal Santosh alias Babya Dashrath Nagvekar and Prakash alias Vatanya Laxman Pednekar - the accused numbers 4 and 7, died. The appeal surviving for decision as regards the six accused was held liable to be dismissed upholding the conviction as recorded and the sentences as passed by the Trial Court.

(2.) Ashok Bhikaji, accused No. 1 and Nathuram Bhikaji accused No. 2 filed SLP (Crl.) No. 3738/2000 which was dismissed as not admitted by this Court on 25-1-2001. Accused No. 8. Rajendra Todankar filed SLP (Crl) 4205/00 which has been registered as Crl. Appeal No. 651/2001 on leave to appeal having been granted SLP (Crl.) preferred by Santosh Shirwadkar, Ravindra Surve and Anant Shirodkar (accused Nos. 3, 5 and 6) has been registered as Criminal Appeal No. 652/02 on leave being granted. Thus, in substance it is the guilt of the accused Nos. 3, 5, 6 and 8 which survives for determination in these appeals.

(3.) For the sake of convenience the accused persons shall be referred to by their numbers as they were arrayed before the Sessions Court. Reference to accused Nos. 1 and 2 though their SLP (Crl) has been dismissed and to accused Nos. 4 and 7, who have died during the pendency of their appeal in the High Court is being made where necessary only for the purpose of determining the guilt of the accused-appellant before us.