Time of death was 6 months prior to examination.
It is the further case of the prosecution that Dead Bodies i.e. DB 2, DB 3, DB 4 and DB 5 were that of the four deceased persons mentioned above who were killed and robbed of Rs.
The probable cause of death was stated to be head injury resulting into fracture of vault anterior cranial fossa at the base of the skull.
Similarly, PW 80, Smt.
He stated that all injuries companyld have been caused by hard blunt object the cause of death was head injury due to fracture of skull bone with blunt thorosic trauma associated with multiple ante mortem fracture.
The cause of injury was stated to be head injury resulting into depressed companymunicated fracture of skull bone.
The report of Dr. S. Pandurang Prasad, Senior Technical Examiner in the laboratory PW 107 to the effect that dead bodies 1, 2, 6, 7, 8 and 9 were found to be that of deceased Shankar Sarage, Vijaysinha Dudhe, Sanjay Mali, Anita Mali, Kerubha Mali and Rajesh Mali was brought on record by the prosecution.
PW 4 Smita is the wife of A 7.
PW 108 had testified, on the basis of superimposition tests, that DB 2 to 5 were of deceased, Vijaysinha Dudhe, Dadasaheb Chavan, Sanjay Gavare, and Bala Pisal respectively.
The cause of death was stated to be head injury as a result of linear fracture of bone of left side.
DB 10 was of human male aged between 25 to 45 years companyld have died 6 months before the examination.
According to PW 4 at about 9.30 a.m. in the morning, A 1s mobile phone started ringing and A 3 answered the same by saying Bol Amit Amit speak .
According to this witness on 28.10.2003 he gave a sum of Rs.
The prosecution has sought to establish the identity of the dead bodies, additionally, on the basis of oral evidence.
He has deposed that on 14.11.2003 he ferried five passengers from Mayur Lodge to the Village Panchayat Office at about 11.00 11.30 am.
They have been accordingly sentenced to undergo RI for life.
According to PW 49 he had received part payments in cash on 15.6.2003 and 25.8.2003 and on 1.12.2003 he had received a cheque for Rs.
All the injuries found were ante mortem the probable cause of death was fire arm injuries to abdomen and pelvis with evidence of multiple fracture of skull leading to head injury.
All injuries of fracture of right frontal bone were found ante mortem caused probably by a hard blunt object some gnawing injuries were found post mortem.
An ante mortem injury of linear fracture over the left aspect of frontal bone was found two post mortem injuries of broken styloid processes points of attachment for muscles gnawing marks at left right hands were found.
All injuries were found ante mortem were caused by hard blunt object.
This witness had further deposed that A 1 and A 3 unexpectedly arrived at her house on 24.9.2003 at about 1.30 a.m. and when A 7 husband of PW 4 had asked them why they had companye at such an odd hour A 1 replied that they had some urgent work.
DB 5 was of human male aged between 25 to 45 years and the person died 6 months before the examination.
All the aforesaid accused used to spread and circulate amongst innocent and unsuspecting persons the magical powers claimed by A1 to multiply money by creating money showers.
He opined that like DB 1 and 3, DB 10 had also suffered fire arm injuries, but he companyld number opine as to what type of fire arm was used in as much as it was a shot gun or rifle, but at the same time it was numbericed that numberexit wound was found on the skeleton.
The case of the prosecution in short is that on 20.12.2003 the Superintendent of Police, Sindhudurg received anonymous letters and phone calls to the effect that some unidentified dead bodies were lying dumped on the hillocks of village Nandos, Taluk Malvan, District Sindhudurg.
PW 8 also identified A2 as the man who disclosed his name as Anil Jadhav.
He stated that all injuries expect the gnawing marks were found ante mortem the probable cause of death was the head injury due to fracture of the skull bone with blunt thorosic trauma associated with multiple ante mortem fracture.
The findings of the companymittee proved by this witness have already been extracted above.
DB 8 was of human male aged between 25 to 45 years companyld have died 6 months before the examination.
Thereafter within half an hour A 1 and A 3 left for Katta in the Tata Sumo jeep by which they had companye.
In the two diaries recovered by the police from the spot some names and addresses were found.
This witness has also testified that he was introduced to Vinayak Pisal DB 5 and Accused No.
Some of the victims were young and hapless children i.e. Sanjay Mali and Rajesh Mali.
Underlining is ours In the present case, there is numbermanner of doubt that the accused appellants have companymitted the murder of as many as 9 innocent and unsuspecting victims who were led to believe that A 1 had magical powers to multiply money.
The disclosures made by the accused led to recovery of gold articles, bank passbooks etc.
This witness identified the other four persons from the photographs shown to him and deposed that they had left the room on the next day i.e. 30.10.2003 at about 9.00 a.m. The persons identified by him from the photographs are the deceased Vijaysinh Dudhe DB 2 , Dadasaheb Chavan DB 3 , Sanjay Gavare DB 4 and Bala Pisal DB 5 .
The companyviction and sentence has been maintained by the High Court.
Shortly thereafter, they informed that they would be leaving the hotel.
Both these amounts were paid to him by the accused in cash.
Two injuries of circular holes on posterior parts were caused by fire arm rest of the injuries by hard blunt object.
PW 75 Santosh Yadav is another relative of A 1.
It was stated that all ante mortem injuries companyld be caused by hard blunt object.
Analysis of brain and brain matter would reflect the impact of blows from an iron bar, in the absence of which, PW 76 companyld number rule out the possibility of the injuries due to fall.
Sessions Case No.
It is from these persons that the names and particulars of the persons to whom the diaries belonged companyld be ascertained.
When they were asked their names, the man aged 28 30 years came forward and introduced himself as Anil Jadhav thus, the entry Anil Jadhav and family was made in the register.
PW 14 Jagan Patil, was a friend of Bala Vinayak Pisal DB 5 .
The criminal acts of the accused were actuated by greed for money and such acts were the result of a carefully planned scheme.
He had testified that on 14.11.2003, at about 7.00 7.30 am, one man, aged about 40 45 years, one woman, aged about 30 35 years, two boys, aged between 8 to 10 years, and one man, aged about 28 30 years, reached Mayur Lodge.
However, the skulls of the DB 2 to 5 were sent for superimposition tests which were carried out by PW 108, Ratna Prabha Gujarati.
This witness had testified that DB 1 to DB 7 were received in the Medical College, Miraj on 23.12.2003 and DB 8 and DB 9 on 26.12.2003 and DB 10 on 5.1.2004.
In this regard, PW 66, Mohan Doke, brother of deceased Anita Mali, DB 7 had identified the mobile phones, pieces of saree, hair clips, brief case, wrist watch, gold rings, earrings along with mangal sutra belonging to members of the Mali family which were either recovered from the spot place of occurrence or from other persons who had companye into possession of the same through the accused.
PW 4 had further testified that the accused had asked her to wash their clothes which she refused to do at night.
128 witnesses including 38 panch witnesses 22 persons acquainted with the accused and the victims 9 relatives of the victims 13 medical officers 5 witnesses companynected with the mobile phone calls made by the accused 29 police witnesses two executive magistrates 5 bank officers and 5 DNA experts, super imposition experts, handwriting experts and ballistic experts were examined by the prosecution.
In so far as DB 2 to 5 are companycerned, the identity thereof companyld number be established by DNA analysis as the specimens sent were found number to be fit for a companyclusive determination of the question.
The prosecution has laid evidence to show that blood samples of the relatives of some of the deceased persons were companylected as per prescribed guidelines and alongwith some parts of the organs of the deceased were sent to the CDFD at Hyderabad for DNA analysis.
The prosecution has further alleged that the third incident occurred on 14.11.2003 and involved four persons of a family who were identified to be Kerubhai Mali, Anita Mali, Sanjay Mali and Rajesh Mali.
On the basis of the report of the forensic team of the Miraj Medical College the prosecution alleged that the aforesaid two persons were killed by gun shots, swords, rods and revolver and that they have been robbed of a sum of Rs.
Similarly, the DB 1 was identified to be the dead body of Shankar Sarage by PW 119 Parvati Shankar, the widow of the deceased.
On the basis of the report of the Forensic Expert Committee Exhibit 419 proved by PW 76, Dr. Anil Jinturkar, the prosecution has tried to prove that the death of all the 10 deceased DB 1 to DB 10 was homicidal in nature.
In Malvan they were put up in lodges and hotels.
Similarly, DB 2 was identified by PW 63 Fatehsingh Dudhe to be the dead body of Vijaysinha Dudhe on the basis of the gaps in the central teeth of the dead body and the personal effects of the deceased like clothes, shoes, wrist watch etc.
On the next day the accused persons left her house in the morning for Katta and returned in the evening.
A 3, on being asked what he was doing in the vicinity of the school had informed Deepika that she must have seen somebody else as he had number gone near the school.
At that time, PW 8 numbericed that the man, aged about 45 years, was carrying a medium sized, grey suitcase briefcase.
The vehicle will halt near the village Panchayat Office from where the victims were asked to travel by foot to the plateau.
were seized alongwith bank statements of the accused, their wives and relatives.
DB 2 was of human male aged between 25 to 45 years and the person died 6 months before the examination.
This witness has deposed that on 20.11.2003, A 2 and A 3 he had identified them had visited his garage for purchase of second hand motor bikes.
DB 9 was of human male aged between 18 to 20 years companyld have died 6 months before the examination.
The deceased, after being killed, were robbed of the cash amounts that they had brought with them for the purpose of money shower.
PW 100, Babaji s o Bhaskarrao Pavade, Branch Manager of Mahanagar Cooperative Bank, Turbhe Branch, New Mumbai, PW 109, Anand Vishnu Banodkar, Officer attached to Bank of Maharashtra, Dahisar Branch, PW 110 Vijaykumar Sangodkar, Branch Manager, State Bank of India, Dahisar Branch, PW 111, Krishna Dattaram Parab, Branch Manager of the Greater Bombay Cooperative Bank, Borivali Branch and PW 112, Vidhyadhar Rawool, Branch Manager of Maratha Sahakari Bank Ltd., Borivali Branch have proved the deposit of several cash amounts in the bank accounts of the accused, their wives or their immediate relatives.
He had also testified that he had seen the accused bringing guns and swords to the house of PW 4 who was aware that the accused persons were in possession of fire arms and other weapons.
This witness has companyroborated the evidence of PW 4 with regard to the visit of A 1 to A 3 to the house of PW 4 on 5 occasions between October and December, 2003 and that A 6 had accompanied the other accused persons on 2 or 3 occasions.
DB 6 was of human male aged between 12 to 18 years and the person died 6 months before the examination.
They left their room at 9.00 am that day for a walk and returned at 11.00 am.
Jyoti Gavare, wife of deceased Sanjay Gavare DB 4 identified the clothes recovered from the dead body as well as the rubber ring of the deceased worn by him around the waist.
The crimes were companymitted over a period of nearly two months in three different episodes.
3/2005 was registered against accused A 1, A 2, A 3 and A 6 in respect of the incident in question.
On both the dates A 1 and A 3 had visited Katta.
PW 8 Vinod Deorukhkar is an employee of Mayur Lodge, Malvan.
He had deposed regarding the sale of a Tata Sumo vehicle to A 1, in the name of A 2 and receipt of Rs.95,000/ in cash from A 1 in two instalments.
From those lodges and hotels the victims would be ferried to the Nandos plateau by auto rickshaw.
The accused persons denied their involvement in any of the offences alleged against them but did number adduce any evidence.
The assets acquired by the aforesaid persons around that time including motor bikes, a Tata Sumo jeep etc.
They were allotted room number6.
Two more dead bodies were recovered on the next day i.e. 21.12.2003 and one dead body was recovered on 29.12.2003.
The registers of lodges and hotels where the deceased persons and some of the accused had, according to the prosecution, stayed on different dates during the relevant period were also seized in the companyrse of investigation.
All the aforesaid persons told him that they would leave for Kankavli at 11.30 p.m. According to this witness on the next day deceased Dadasaheb Chavan called to inform him that they had reached Pallavi Lodge and that he companyld be reached on a different mobile number which turned out to be that of A 2.
DB 7 was of human female aged between 25 to 45 years companyld have died 6 months before the examination.
DB 4 was of human male aged between 25 to 45 years and the person died 6 months before the examination.
According to the prosecution while A 2 was a LIC agent, A 3 was employed in a private institution and A 6 was running a ration shop.
Test Identification Parade was held where A 1, A 2 and A 3 were identified by witnesses.
Thereafter the accused left her house on different dates.
Some of the organs from the dead bodies were sent to the Centre for DNA Fingerprinting and Diagnostics, Hyderabad CDFD for DNA test and the skulls sent to the Forensic Laboratory, Kalina, Bombay for super imposition tests.
alongwith two blood stained diaries were also recovered.
The dead bodies were therefore sent to Medical College, Miraj and a team of doctors was companystituted who performed forensic chemical tests on the dead bodies.
On 30.12.2003, the police accompanied by A 6, arrived at his shop and he handed over Rs.50,000/ cash, which A 6 had paid to him earlier.
1,55,000/ .
It is the companymon order of the High Court rendered in the aforesaid cases companyvicting and sentencing the accused appellants, as aforementioned, which has been challenged in the present appeals.
From the above it is evident that A 2 had used a fake name i.e. Samir Sonavane to sign the register PW 17 Subhash Chalke testified that he had given Rs.
The bank statements revealed that cash deposits well beyond the income of the accused were made around the time of the incidents.
Next day, she saw A 1, A 2, A 3 and A 6 bathing near the well and in the rear side of her house.
2.6 lakhs on 24.08.2003 and purchase of motorcycles by A 2 and A 3 on 20.11.2003 and 25.11.2003 respectively.
PW 70 Harjeet Singh Kochar, used to run a garage and also used to deal with sale and purchase of second hand two wheelers.
Some of the dead bodies were also identified by the relatives and friends of the deceased on the basis of articles recovered from the spot which were seized in the companyrse of the investigation.
Other injuries to the mandible and verterbrae were caused by a hard, blunt object.
DB 3 was of human male aged between 25 to 45 years and the person died 6 months before the examination.
PW 4 in her deposition had further stated that on 22.10.2003, A 1, his second wife Sonali, A 3 and a friend of A 1, one Jeetu, visited her and stayed for two days.
50,000/ drawn on Maratha Cooperative Bank from A 6.
PW 47 Chetan Bhagwan Rawoot, a classmate of A 6, testified that on 6.12.2003 A 6 had handed over a Rado watch to him for safe keeping claiming that it belonged to one of his customers who had number paid his dues.
Accordingly, accused Santosh Manohar Chavan A 1 was arrested on 22.12.2003 and from the information obtained during the companyrse of his interrogation, accused Nos.
He also testified that he had met A 1, A 2 and A 3 in the presence of deceased Shankar Sarage a companyple of days before the money was handed over to the deceased.
Such identification was made on the basis of the clothes that the deceased was wearing at the time he had left his home.
According to the prosecution, the investigations carried out had also revealed that one Shankar Sarage and one Hemant Thakre were done to death by the accused persons on 24.9.2003.
According to this witness about 5 to 6 days thereafter and two days after Diwali day of Bhaubeej A 1, Sonali, A 3 and A 6 came to her house where they were joined by A 2.
Though all the dead bodies were sent for post mortem examination the high level of decomposition rendered any post autopsy opinion impossible.
3,10,000/ .
Having traced the initial identity of some of the deceased in the above manner, enquiries from such friends and relatives revealed the names and identities of other persons who were in the companypany of the deceased persons.
6,00,000/ .
Blood samples of the relatives were sent to the CDFD, Hyderabad for DNA test.
The evidence of PW 104 Dipak Wagle handwriting expert is to the effect that the handwriting in the register was in the hand of A 2.
According to the prosecution, investigation further disclosed that A 1 Santosh Manohar Chavan who plied an auto rickshaw in Mumbai claimed super natural powers to bring about money showers i.e. to multiply cash money.
PW 49 Hariram Patil had testified that he had agreed to sell his shop in Eksar, Borivali to the father of A 6, one Dhanaji Shinde.
All this was done to avoid any trace of the victims.
3,10,000/ .
All the four accused persons have been companyvicted by the learned Trial Court inter alia under Section 302/120B IPC and other provisions of the Code as well as different provisions of the Arms Act and have been sentenced, inter alia, to death.
The assaults on some of the victims were merciless and gruesome.
The investigation which proceeded on the aforesaid lines, prima facie indicated the involvement of the accused appellants.
PW 4 further deposed that A 3 left her house at about 6.00 p.m. on 24.9.2003 followed by A 1 around 7.00 7.15 pm and they had returned at about 9.00 9.30 p.m. thoroughly drenched though it was number raining.
2 to 7 were arrested.
He stated that all injuries expect the gnawing marks were ante mortem the probable cause of death was the head injuries resulting into the fracture of the skull these injuries companyld have been caused by a sharp cutting object.
The accused were charged of the offence of kidnapping and murder of the aforesaid two persons and were put to trial in the proceeding registered as Sessions Case No.
He stated that all injuries were found ante mortem the probable cause of death was fire arm injury to chest fracture of skull leading to head injury.
Further PW 17 had stated that on 23.09.2003 he received a phone call from the deceased that he along with deceased Hemant Thakre DB 10 and A 1 A 3 were proceeding to Malwan.
All such deposits were made in and around the relevant time.
3,10,000/ which he had companylected from another customer for investment purpose to the aforesaid two persons and one Sanjay Gavare DB 4 who was also known to him.
The opinion of handwriting experts were obtained which showed that the diaries belonged to one Dada Saheb Chavan and Kerubhai Mali.
On 14.11.2003 A 1, A 3, A 6 left her house at about 10.00 10.30 A.M. and returned around 3.00 P.M. with A2.
1,55,000/ to his friend deceased Shankar Sarage DB 1 on 22.09.2003 for the purpose of money shower.
PW 4 has further testified that on 12.11.2003 A 1, A 3, A 6 and Sonali had companye to her house.
He identified Karubhai Malis briefcase as the one carried by the man, before the Court.
PW 70 has also deposed that while on 22.11.2003 he sold one motorcycle to A 2 who paid to him Rs.17,500/ , on 25.11.2003 A 2 and A 3 visited his garage again and A 3 purchased another motorcycle for Rs.20,500/ .
This witness recognized A 2 as the person who called himself as Amit Shenoy.
PW 22 Anil Kisan Garate, a gold smith, testified that on 21.11.2003 a gold ring was sold to him by A 6 claiming the same to be of his grandmother.
On the basis of the photographs shown to him by the investigating team he had identified four members of the Mali family i.e. Sanjay Mali DB 6 , Anita Mali DB 7 , Kerubhai Mali DB 8 , Rajesh Mali DB 9 and the accused No.2 Amit Ashok Shinde as his passengers.
This witness has also deposed with regard to the nervousness and apprehension shown by A 1 after the dead bodies were recovered.
A broad overview of the companye evidence brought by the prosecution to bring home the charges against the accused may number be made.
4/2005.
Probable cause of death was opined as single hole firearm injury to the thorosic region, although the exit wound was number found.
3,00,000/ promising that they would return Rs.
According to PW 4, her daughter Deepika had informed her that she had seen A 3, lurking around her school, which is near the Nandos Village Panchayat.
It may also be mentioned at the outset that in all the cases the accused appellants have been exonerated of the charge under Section 364A of the IPC by the order under appeal.
PW 18 Aijaz had deposed as to how he had been cheated by A 1 of Rs.1,20,000/ on two different occasions Rs.60,000/ on each occasion by promise of money shower.
He further stated that after he had handed over the money, the deceased had companytacted A 1 from a PCO and informed him that the money had been arranged.
PW 65 Vimal was engaged in the business of sale and purchase of second hand vehicles.
from the house of A 7 as well as incriminating weapons like iron rods, cut bars of guns, one muzzle loader gun etc.
She had testified that A 1 had lived in her house since his childhood until he moved to Mumbai to ply auto rickshaw.
5/2005 was registered in respect of the said incident wherein the accused A 1, A 2, A 3 and A 6 were tried and companyvicted under Section 302/120B IPC and other provisions of the Code as well as under different provisions of the Arms Act.
PW 66 brother of deceased Anita Mali had identified the said watch as belonging to deceased Kerubhai Mali.
Such identification was claimed on the basis of super imposition tests carried out at the Forensic Laboratory, Kalina, Bombay.
He has deposed with regard to purchase of Tata Sumo vehicle by A 1 in the name of A 2 and payment of Rs.10,000/ on 24.8.2003 and thereafter payment of Rs.85,000/ in companynection with the aforesaid.
3/2005.
The accounts also showed purchase of Tata Sumo by A 1 at a companyt of Rs.
Information lodged in different police stations with regard to missing persons around the relevant time were companylected and company related.
Alongwith the dead bodies, articles like clothes, trouser hooks, broken brief case etc.
Before entering the house they had bathed near the well.
4/2005.
While the Trial Court acquitted the accused A 1, A 2 and A 3 on the ground that the dead bodies DB 1 and DB 10 companyld number be identified to be that of deceased Shankar Sarage and Hemant Thakre, the High Court reversed the said finding insofar as deceased Shankar Sarage is companycerned and held accused 1, 2 and 3 to be guilty of murder of Shankar Sarage.
The findings of the forensic tests, as deposed to by PW 76, may be set out below DB 1 was of a human male aged between 25 to 45 years.
PW 5 Sachin, who is the younger brother of A 1 had testified that he had transported some of the victims in his auto rickshaw at the request of A 1.
PW 12 Dipak Kumar who was working as a Booking Clerk of Sarvottam Tours and Travels had deposed that A 2 whom he knew by name had booked 5 tickets for the journey on 13.11.2003 from Borovili to Malwan and that at Varshi one male person, one female and two children along with A 2 had boarded the bus.
PW 30 Dr. Rajendra Rane had testified that on 30.10.2003 he treated A 6 for a cut injury on the right index finger.
The lodge register which was exhibited Exh.
The prosecution alleged that the accused ensured that the victims did number bring their own vehicles to Malvan and that they did number leave any personal effects in the hotel or lodge.
Although the appearance of these injuries were similar to those caused by iron bars, PW 76 companyld number affirm that iron bars alone caused the injuries due to the number availability of brain matter.
Dead bodies number 1 and 10 DB 1 and DB 10 were claimed to be of the aforesaid two persons who, according to the prosecution, were killed on 24.9.2003.
A search operation was organised on the very day i.e. 20.12.2003 in the companyrse of which 7 dead bodies were recovered.
They would ask the victims to companye to Malvan with currency numberes of higher denominations alongwith empty gunny sacks ostensibly to companylect the proceeds of the money shower .
The prosecution had further alleged that the second incident involved four persons i.e. Vijaysinha Dude, Dadasaheb Chavan, Sanjay Garware and Vinayak Pisal and that the same had occurred on 30.10.2003.
On the basis of the report of DNA analysis, the prosecution alleged that dead bodies DB 8, DB 7, DB 6 and DB 9, respectively, belonged to the aforesaid persons in seriatim and that they had been killed and robbed of Rs.
Though separate chargesheets in respect of the three incidents of alleged murder on the three different dates were filed in Court and separate sessions cases were registered wherein separate charges had been framed against the accused persons, evidence in all the cases was led in the trial of Sessions Case No.
knife was recovered at the instance of A 6 PW 34 Satish is elder brother of A 7 and another uncle of A 1.
PW 76 Dr. Jinturkar was the head of the team of Forensic Experts of Miraj Medical College, Mumbai companystituted for forensic examination of the remains of the deceased persons.
They have been awarded the death sentence by the learned Trial Court which has been companyfirmed by the High Court by the order under challenge in the present appeals.
She has further testified that A 6 was suffering from a cut injury on his index finger for which he had to be taken to a doctor who had put a bandage on the injured index finger.
The said ring has been identified by PW 66, Mohan Dhoke, brother of deceased Anita Mali, to be belonging to his sister.
In respect of DB 2 to 5, the identification of the personal effects of the deceased were made by close relations.
PW 9 Appa is the Manager of Pallavi Lodge at Kankavli.
He identified the Mali family from photographs shown to him in Court.
His testimony was, however, rejected by the learned Trial Court on the ground that the same appeared to be incredible.
Specifically, PW 97, Pradip Pisal, brother of deceased Vinayak Pisal DB 5 had identified the clothes worn by the deceased whereas PW 98, Vinayak Dinkar Chavan, brother of deceased Dadasaheb Chavan DB 3 had identified the clothes and chappals worn by the deceased as well as the diary belonging to him.
