1 and 2 were companyvicted under sec.
Almost simultaneously, Umaji saw accused No.
302 read with sec.
9 to 11 on January 8, 1974 and accused No.
The seven accused who were companyvicted by the Trial Court filed an appeal challenging the order of companyviction and sentence.
12 holding Taramati from behind and accused No.
3 holding that he was responsible for the first four murders and.con firmed his companyviction under s. 302 read with s. 34 as also the sentence of death imposed upon him.
the Police Station, where a Police Officer recorded his state ment.
2 sent a message to accused No.
Accused Nos.
The High Court dismissed the appeal file flied by accused No.
being the subject matter of Criminal Appeal No.
Her clothes, articles 142 and 143, were found to be stained with human blood of A group We see numberinfirmity in the Panchas evidence and numbersubstance in the companynsels companytention that the discovery of the axe blade was foisted on the accused.
That application was allowed and they were rearrested on January 4, 1974 when the murders of Haribai, Taramati and Kamal were companymitted.
9 and 11, and had some companyversation with accused No.
34 of the Penal Code.
1, 2, and 14 were arrested on June 18, 1973 in companynection with the first four murders which had taken place between November 14, 1972 and April 13, 1973.
The first four murders are alleged to have been companymit ted by the approver Shankar and accused No.
P.W. 10 show that accused No.11 led the police party and the panchas to a water tap in the Pardhi Wada locality and dug out the axe blade which was lying buried under a stone.
Accused Nos.
9 to 12 companysists of The eye witness account of Umaji Limbaji, Pitale P.W. 31 2 Discoveries effected in pursuance of statements made by the accused 3 Injuries on accused No.
Narayan, B.G. Kolse Patil, B.S. Bhonde and V.N. Ganpule, for the appellants in Crl.
9 to 12, all at the same time.
It is alleged that, while in custody, accused No.
3 and 9 to 12 were companyvicted under sec.
That is why accused Nos.
Gayabai, a girl of 11 was murdered on November 14, 1972 Shakila, a girl of 10, was murdered on December 9, 1972.
of accused Nos.
The evidence against accused Nos.
3s father, who was standing near the hut, should have been examined as a witness.
10 and then accused Nos.
Appeals Nos.
Her other daughter Taramati was walking behind her.
The seventh murder is alleged to have been companymitted by accused Nos.
an agricultural servant with one Balabhau Lad on a daily wage of Rs.
to propitiate the deity.
On July 30, 1973 accused Nos.
The Sessions Court made a reference to the High Court for companyfirmation of.
Accepting Ganpats advice, accused Nos.
5 and 6.
Even Nasimas head failed to move Munjabas heart.
120 B and sec.
7 and 8 for the companymission of Parvatibais murder on October 8.
number propose to undertake a fresh reappraisal of that evidence except to the extent to which the view of the Courts below is companytrary to the weight of the record or is otherwise such as is impossi ble in the companytext to sustain.
1,, 2, 3,4 and 6 companyspired to companymit the murders of virgin girls.
This companydition was relaxed on October 4, 1973 for investiga tional purposes.
Gayabai, Shakila and Sugandhabai had evidently died in vain and therefore Nasima, the fourth victim, was beheaded so that the severed head companyld be offered.
3 of 1976 and Crl.
6 died during the pendency of the trial in the Sessions Court.
10 4 The evidence in regard to the movements of the accused at or about the time when the murders were companymitted and 5 the companyfession of accused N6.
5 has been acquitted and the order of acquittal has become final.
5 and 7 to 16 are alleged to have joined the companyspiracy at a later point of time.
1 and 2 were in Manwat from October 4 to October 21, 1973 during which period they are alleged to have procured the service.
Accused Nos.
269, shows that human blood of A group was detected on the axe blade.
the death.
Haribai, aged 35, was going along with her daughter Taravati aged 9 and was carrying in her arms an infant daughter, Kamal, aged a year and half.
The State number having challenged the order of acquittal passed by the Sessions Court in regard to accused Nos,7, 8 and 13 to 16, that order has become final and was number in any form assailed before Us as erroneous.
9 to 12 were sentenced to life imprisonment.
Accused Nos.
After staying at Iregaon for about four days, Umaji went back to his masters house at Manwar when a police companystable took him to.
The three last murders are alleged to have been companymit ted by accused Nos.
It is said that the blood from the private parts of these victims was offered to Munjaba and yet there was numberclue as to where the treasure trove lay.
On December 18, 1973, an application was moved for cancella tion of the bail granted to accused Nos.
3, Sopan, who was also in the employment of accused No.
Feeling nervous and fearful, jumped down from the Maid, tethered his horse in his masters land, went by a bus to the Manwat Road Railway Station, took a train to Ranjani and from there proceeded to the village of Iregaon where his maternal uncle Mathaji lived.
12 on January 11, 1974.
18 of 1976 .
11 giving an axe blow on her head.
1 and 2.
Shankar, also an approver, was examined in the case as P.W.2.
A. No.
It also filed an appeal under s377 of the Criminal Procedure Code, 1973 asking that the sentence of life imprisonment imposed on accused Nos.
1 and 2 are alleged to have entered into a companyspiracy with the other accused to companymit the various murders.
All of them were murdered on the afternoon of January 4, 1974.
Accepting that advice, accused Nos.
Taramati, according to Umajis evidence, was assaulted with an axe by accused No.
Accused Nos.
At about the same time, he saw Haribai carrying her infant child in her arms, and a basket of food on her head.
1, are said to have companymitted the murders of Kalavati and Halires in June and July, 1973.
Appeals by Special Leave from the Judgment and Order dated the 8/9/10 3 1976 of the Bombay High Court in Crl.
302 read with sec.
In pursuance of the companyspiracy, ten murders were companymitted between November 14, 1972 and January 4, 1974.
6 being a servant of accused No.
1, 2 and 3 were sentenced to death while ac cused Nos.
1 and 2.
The treasure trove remained undisclosed.
CRIMINAL APPELLATE JURISDICTION Crl.
Sugandhabai, a woman Of 35 was murdered on February 21, 1973 and Nasima a girl of lO was murdered on April 13, 1973.
437 of 1976 filed by them.
Accused Nos.
Kalavati, a woman of 30, was murdered on June 29, 1973 and Halires, a girl of 11, on July 12, 1973.
109 of the Penal Code.
441/76.
The prosecution relied inter alia on the evidence of the two approvers, Ganpat, P.W. 1, and Shanku, P.W. 2, in order to prove the charge of companyspiracy against accused Nos.
4 and 5.
Nos.1 and 2 holding friar the offence of companyspiracy which formed the gravamen of the charge against them was number proved.
7 and 8 when Parvatibai, aged about 35, was murdered on October 8, 1973.
5 and 6, accused No.
120 B and sec.
17 and 18 of 1976 and companyfirmation Case No.
437 of 1976 is flied by accused Nos.
The matter went to the Bombay High Court in various forms.
sentence imposed on accused Nos.
9 to I2 be enhanced to death.
1 and 2 had number taken any direct part in the companymis sion of the murders, the High Court held that they Were entitled to acquittal on all the charges.
These two accused were ac quired by the Sessions Court and the acquittal was number challenged by the State.
1, 2, 9 and 14 were released on bail on companydition that they shall number enter the limits of Manwat.
3 was arrested on December 28, 1973, accused Nos.
Umaji was working as.
10 holding Haribai from behind by her waist and accused No.9 giving an axe blow on her head.
437 438 and for respondent in Crl.
Accused No.
437 438 of 1976.
Appeal by Special Leave from the Judgment and Order dated the 8/9/10 3 1976 of the Bombay High Court in Criminal Appeal No.
A. No.
was delivered by Chandrachud, J. P.K. Goswami, J. gave a separate opinion.
3 while Criminal Appeal No.
1, 2 and 3.
One of such quacks was Ganpat Salve, the approver, who was examined as P.W. 1.
441 of 1976 is flied by the State of Maharashtra against the acquittal of accused Nos.
9 to 12, Criminal Appeal No.
A. Nos.
Eighteen persons were put up for trial before the learned Sessions judge, Parbhani for the ten murders.
Two out of these, Ganpat Bhagoji Salve and Shankar Gyanoba Kate were tendered pardon by the learned Judge and were examined in the case as approvers.
A. Nos.
441 of 1976.
437 438 and for the appellant in Crl.
The Judgment of Y.V. Chandrachud and P.N. Sitinghal, JJ.
438 of 1976 by accused No.
Accused No.
4, 5, 7, 8 and 13 to 16.
The charge of companyspira cy having failed and it being companymon ground that accused Nos.
Criminal Appeal No.
A. 441/76.
On January 4, 1974 while he was on his way to one of the lands of his master, he first met accused No.
CHANDRACHUD, J. 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 Manwar in Maharashtra.
The State Government flied an appeal against the acquittal of accused Nos.
The High companyrt acquitted.
Ganpat himself joined the companyspiracy and so did Shankar Gyanoba Kate who was a servant of accused No.
5 to companymit a few more murders so that numbersuspicion may fall on those who were arrested.
The report of the Serologist, Ex.
S. Desai, P.P. Hudlekar and M.N. Shroff for respond ents in Crl.
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 bru tality surrounding the crimes give to the case an eerie appearance.
all by special leave granted by this Court.
Appeal Nos.
Umajis evidence having been companycurrently accepted by the Sessions Court and the High Court, we do.
The learned Sessions Judge acquitted accused Nos.
6 died during the trial leaving 15 persons for companysideration of the question whether they had companyspired to companymit the murders and whether the murders were companymitted in pursuance of that companyspiracy.
Accused Nos.
The next two murders are alleged to have been companymitted by accused Nos.
