1 and 2 are Appellant Nos.
1 to procure employment for the deceased at the Vasind plant.
1 and 2 by PW1 and, the recovery of the dead body of the deceased at the instance of Accused No.
It was alleged that the four accused had strangulated the deceased and thrown his body into the valley at Goraksha Gad.
The impugned judgment companyfirmed the Signature Not Verified Digitally signed by VISHAL ANAND Date 2019.09.03 160816 IST Reason companyviction of Accused No.
1 and 2 for the offences punishable under Sections 364 and 302 read with Section 34, IPC, for abducting the deceased in order to murder him, and subsequently companymitting such murder, in furtherance of their companymon intention.
As the deceased was unemployed, on 1.7.2002, PW1 approached Accused No.
1s house to inquire about the whereabouts of the deceased, who had number yet returned to Kalyan, and learnt that Accused No.
1 demanded a sum of Rs.
1 previously by PW1, as well as a sum of Rs.
1 and 2 for the offences of abduction and murder of the deceased which have been relied upon by the prosecution are as follows The motive for companymission of the offences the circumstance that the deceased was last seen with Accused Nos.
2 led to the recovery of a sum of Rs.
On 7.7.2002, PW1 met Accused No.
45,000/, and of Accused Nos.
The next day, on 11.07.2002, at around 11.30 a.m., they again met Accused No.
45,000/, out of which PW1 deducted Rs.
1 also led to the recovery of some personal documents of the deceased that had been handed over to Accused No.
800/. After the investigation, the police filed a chargesheet against four persons including the appellants herein.
10,000/. On 10.07.2002, the deceased Dnyaneshwar came to Kalyan from his native place, with a sum of Rs.
Accused No.
1 used to arrange jobs at the Jindal plant at Vasind and charge money in return.
The case of the prosecution in brief is as follows About a month prior to the incident, PW1 Jayram Dhum, the informant and the maternal uncle of the deceased Dnyaneshwar, came to know that Umesh Padwal Accused No.
282 of 2002.
1 and 2 and acquitted the other two accused.
Since the deceased was untraceable, the first information was eventually lodged with the Police Station for the aforementioned offences on 13.07.2002.
1 at the same juice shop in Kalyan, and handed over the remaining sum of Rs.
Accused No.
1, and of other incriminating articles at the instance of Accused Nos.
At around 8 p.m. in the evening, PW1 went to Accused No.
The clothes of the deceased were also recovered nearby.
10,000/, a nylon rope and a piece of electric wire.
1 and 2 herein.
60,000/ to arrange a job as desired.
Accused No.
The Trial Court companyvicted Accused Nos.
1 at a juice shop in Kalyan, and paid him a sum of Rs.
35,000/ to him.
Accused Nos.
1 had number returned either.
1 for the offence punishable under Section 420 of the Indian Penal Code for short IPC for cheating the deceased and the informant out of a sum of Rs.
The body of the deceased was recovered on 14.7.2002 from the valley at Goraksha Gad at the instance of Accused No.
MOHAN M. SHANTANAGOUDAR, J. This appeal is directed against the judgment dated 09.10.2013 of the High Court of Judicature at Bombay in Criminal Appeal No.
130 of 2006, companyfirming the judgment passed by the Additional Sessions Judge, Kalyan in Sessions Case No.
10,000/, which he had paid on behalf of the deceased.
The judgment of the Trial Court was companyfirmed by the First Appellate Court.
