RONNY ALIAS RONALD JAMES ALWARIS Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellants (Nitin Anil Swargey (A-1), Ronny alias Ronald James Alwaris (A-2) and Santu alias Santosh Balkrishna Desai (A-3)), in these three appeals, have been guilty of offences under Section 302 read with Section 34, Indian Penal Code and are condemned to death; they are also awarded different punishment under various provisions of the Indian Code on their trial by the learned Additional Sessions Judge, Pune in Sessions Case No. 574 of 1992 vide judgment dated April, 28/29, 1995. In regard to sentence of death awarded to the three appellants, the learned Additional Sessions Judge referred the case, Confirmation Case No. 1 of 1995, to the High Court of Bombay, which was heard along with three appeals filed by the above said three appellants. They were disposed of by the High Court by a common judgment dated 27/03/1996, confirming the conviction of and sentences awarded to the appellants. Against the said judgment, by special leave, these appeals are filed.

(2.) THE case set up by the prosecution is as follows :

(3.) ON the night of 20/07/1992, Popat Kolge (PW-21), watchman of the society noticed Mrs. Ruhi Ohol in the house when he and the other watchman were collecting torch and other things from the rear side of the bungalow. Next day, i.e., on 21st July, in the morning, when he went to the bungalow to put back the torch, he found the footwears, containing mud, lying over in the verandah and lights of the bungalow 'on'. He kept the torch as usual and went home. At about 8.00 a.m. in the morning on 21st July, Balasaheb Hiraman Kalambkar (PW-22), the milkman, who went to deliver the milk, noticed that three persons were leaving the Rooman bungalow in the car. He went and kept the milk bags in the rack and the newspaper given to him by the newspaper man (PW-23) at the bungalow and gave the usual call "Doodh" Mr. Mhatre (PW-23) is the newspaper man. He was delivering 'Maharashtra Herald' and 'Sunday Times' newspaper at the residence of Mr. Mohan Ohol. He stated that on 21st July, he met PW-22 in the morning and handed over him the newspaper for delivering it at Ohols' bungalow as he was going there to supply milk. Mr. Vyankat Pandit (PW-24), who was a resident of that colony noticed, after he returned to his house leaving the children in the school, that the maruti car of the Ohols' family had stuck in the mud and that two persons, who came out of the car, were pushing the car on 21st July at about 8.00 A.M. Thereafter, they boarded the car and went away. At about the same time, Mr. Vyankat Krishnan (PW-26), owner of Rohini bungalow, referred to above, while he was taking his wife to Junior College in Loyalla, Pashan Road, Pune, found Maruti car of Mr. Mohan Ohol outside the gate but later it followed his car. After coming on the main Road, he stopped his car near Hotel Green Park and gave signal to stop Mr. Ohol's car. When the car stopped, he peeped through the door glass and saw two persons on the front seats and one person on the rear seat. He gave the descriptions of the driver and person sitting next to him, but not of the person sitting on the hind seat, which coincide with the identity of A-1 and A-2. Finding that Mr. Mohal Ohol was not in the car, he told them to go.