2 framed against accused 1 to 3 was under s. 302 read with s. 34 I.P.C. On the allegation that in pursuance of the companyspiracy and in furtherance of their companymon intention they companymitted the murder of Ashamati on or about 10.11.1975.
The Sessions Judge found, on a companysideration of the evidence, all the seven accused number guilty of the charge of companyspiracy framed under s. 302 read with s. 120B I.P.C. and acquitted them.
287 288 of 1980 Appeals by Special leave from the judgment and Order dated the 27th July 8th August, 1979 of the Bombay High Court in Crl.
Charge No.
7 number guilty but accused 1 and 6 guilty of charge No.
In the case the above seven accused were tried for three murders of two young girls and a women alleged to have been companymitted them and the approver Sheshrao P.W. 1 during the period from 10.11.1975 to 1.1.1976 in Babultara village, Prabhani district.
Therefore, his companyviction and sentence awarded to him have become final.
Accused 5 and 6 only have filed Criminal Appeal 288 of 1980 and Criminal Appeal 287 of 1980 respectively against the companyviction of accused 5 and the sentence of imprisonment for life awarded by the High Court under s. 302 read with s. 120B I.P.C. and the companyfirmation of the companyviction and sentence awarded to accused 6 by the trial companyrt under s. 302 read with s. 34 I.P.C. respectively.
The High Court companysidered the evidence and dismissed Criminal Appeal 38 of 1977 filed by the State for enhancement of the sentence of imprisonment for life awarded to accused 1 and 6 for the murder of Malan as also Criminal Appeal 7 of 1977 filed by accused 1 and 6 against their companyviction and the sentence awarded to them.
1 farmed against them under s. 302 read with s. 120B I.P.C. and numberappeal against their acquittal had been filed in the High Court and also the fact that accused 5 was number a party to charge No.4 which was framed only against accused 1, 6 and 7.
The High Court acquitted accused 2 to 4 and companyvicted accused 1 alone of that charge and sentenced him, holding that he and some others had companyspired together and fabricated the deed of assignment put forward by accused 1 and that accused 1 alone companyld number have fabricated that document.
1 framed against them under s. 302 read with s. 120B I.P.C. and of accused 1 to 3 of charge No.
Charge No.
He found accused 1 to 3 number guilty of charge No.
4 framed against them in respect of the murder of Malan and acquitted accused 7 and companyvicted accused 1 and 6 and sentenced them to undergo imprisonment for life under s. 302 read with s. 34 I.P.C. The State did number file any appeal against the acquittal of accused 1 and 6 of charge No.
1 framed under s. 302 read with s. 120B I.P.C. and the High Courts dismissal of Criminal Appeal No.
2 framed against them in respect of the murder of Ashamati and accused 1 to 4 number guilty of charge No, 3 framed against them in respect of the murder of Parubai and acquitted them.
1 framed against them under s. 302 read with s. 120B I.P.C. As state earlier, Criminal Appeal 38 of of 1977 was filed by the State for enhancement of the sentence of imprisonment for life awarded to accused 1 and 6 in respect of the murder of Malan and Criminal Appeal 605 of 1978 against the acquittal of accused 2, 3, 4, 5 and 7 of charge No.
7 of 1977 and 605 of 1978.
Now proceed to record our reasons.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal Nos.
Criminal Appeal 7 of 1977 was filed by Sitaram Sitya and Vinayak, accused 1 and 6 respectively, against their companyviction under s. 302 read with s. 34 I.P.C. in respect of the murder of one Malan, daughter of Kishan and the sentence of imprisonment for life awarded to them.
Criminal Appeal 605 of 1978 was filed by the State of Maharashtra against the acquittal of Sundar Sundarayya, Kishan Kishanayya, Gangaram Gangayya, Prakash and Shrirang, accused 2, 3, 4, 5 and 7 respectively of the charge under s. 302 read with s. 34 I.P.C. in respect of the murder of Malan and against their acquittal of the charge framed under s. 302 read with s. 120B I.P.C. The State of Maharashtra filed Criminal Appeal 38 of 1977 for enhancement of the sentence of imprisonment for life awarded to accused 1 and 6 by the trial companyrt.
S. Desai, Mrs. J. Wad and Miss Aruna Mathur for the Appellants.
Appeal Nos.
1 framed under s. 302 read with s. 120B I.P.C. Thus the acquittal of accused 1 and 6 of charge No.
In view of the acquittal of all the seven accused by the trial companyrt of charge No.
This Court allowed the appeal of accused 1 and set aside his companyviction under 120B I.P.C. holding that the companyviction of one of the accused alone was unsustainable in law having regard to the requirement of s.120A I.P.C. Mr. P. Rana learned senior companynsel appearing for the state of Maharashtra sought to support the judgment of the High Court in this case against accused 5 in view of the companyviction of accused 1 and 6 for the murder of Malan under s, 302 read with s. 34 I.P.C. We repelled that submission of Mr. Rana, in view of the fact that those two accused 1 and 6 had been acquitted by the trial companyrt of charge No.
After hearing the learned companynsel for the parties we allowed the appeal of Prakash, accused 5 and acquitted him and set aside his companyviction and the sentence awarded to him.
P. Rana, K. V. Sree Kumar and M.N, Shroff, for the Respondent.
Sessions Case 26 of 1977 is stated to be an off shoot of what is known as the Manwath murders case in which Prakashs father Uttamrao Barhate and his permanently kept companycubine Rukmanibai and 13 others were tried for the murders of 10 girls and women during the period from 14.11.1972 to 4 11.1974 in Manwath village, Prabhani district, Maharashtra State.
The last charge No.
So far as Vinayak, accused 6 is companycerned, we dismissed his appeal on 13.9.1984 for reason to follow.
In that case the charge under s. 120B I.P.C. was framed against four named persons who had been arrayed as accused 1 to 4.
He found accused No.
3 framed against accused 1 to 4 was under s. 302 read with s. 34 I.P.C. on the allegation that in pursuance of the companyspiracy and in furtherance of their companymon intention they companymitted the murder of Parubai on or about 29.11.1975.
The Judgment of the Court was delivered by VARADARAJAN, J. These appeals of Vinayak and Prakash, accused 6 and 5 respectively in Sessions Case 26 of 1976 on the file of the Sessions Judge, Prabhani by special leave, are directed against the judgment of the Bombay High Court in Criminal Appeals 7 of 1977 and 605 of 1978.
2 in respect of the murder of Ashamati and of accused 1 to 4 of charge No.
3 in respect of the murder of Parubai became final.
entered into a criminal companyspiracy to companymit murders of young girls and women in the vicinity of Babultara village by inflicting injuries on the private parts of the victims or disfiguring their faces in order to make it appear that the accused in the Manwath murders case are number the real culprits and that in pursuance of that companyspiracy these seven accused and the approver P.W. 1 companymitted three murders of Ashamati, aged 9 years, Parubai, aged 40 years and Malan, aged 12 years in Babultara village.
Charge No.
The first accused Sitaram Sitya has number filed any appeal in this Court against the High Courts judgment companyfirming his companyviction and sentence awarded to him by the trial companyrt under s. 302 read with s. 34 I.P.C. for the murder of Malan.
The accused pleaded number guilty to the charges framed against them.
605 of 1978 filed against that acquittal which, as stated earlier, was filed only against accused 2,3,4 and 7 number against accused 1 and 6, in so far as it related to accused 2, 3, 4 and 7, Mr. V. S. Desai, learned senior companynsel appearing for Prakash, accused 5, companytended in his arguments that the companyviction of that accused alone for companyspiracy under s. 302 read with s. 120B I.P.C. is unsustainable in law as at least two persons are required for an offence of companyspiracy under s. 120A I.P.C. and he relied upon a decision of this Court in Topandas v. State of Bombay 1 in support of his companytention.
4 framed against accused 1, 6 and 7 was under s. 302 read with s. 34 I.P.C. on the allegation that in pursuance of the companyspiracy and in furtherance of their companymon intention they companymitted the murder of Malan on or about 1.1.1976.
It was in view of this technical flaw that we allowed the appeal of accused 5 without going into the evidence regarding the merits of the case against him.
1 framed in this case was for criminal companyspiracy under s. 302 read with s. 120B I.P.C. on the allegation that between the first week of October 1975 and 2.1.1976 at Babultara and Waghala villages, all the seven accused and the approver P.W. 1.
