D.P.MOHAPATRA, K.T.THOMAS
Chandrasekhar Suresh Chandra Bhatt – Appellant
Versus
State Of Maharashtra – Respondent
Key Points: - The court upheld the conviction under Section 307 IPC for the first appellant and Section 399 IPC for all appellants, based on Public Witness 2’s testimony and corroborating circumstances (!) . - The first appellant fired at Inspector Naik, leading to a conviction under Section 307 IPC; the court found the intent to kill not necessary given the use of a lethal weapon and wound location (!) . - The recovery of a pistol and a revolver from the appellants served as corroborative evidence strengthening Public Witness 2’s account (!) (!) . - The bullet embedded in Inspector Naik’s vestment and its extraction at the police station were described as a clinching circumstance supporting the prosecution’s version (!) (!) . - The defense argument about improvements in Public Witness 2’s testimony was rejected; variations between FIR and court testimony did not indicate sinister motive, and the witness remained basically consistent (!) . - The testimony of Public Witness 4 (chowkidar) and other corroborative witnesses supported the prosecution’s case, though their credibility was weighed with defense arguments (!) (!) . - The dialogue at the site between appellants was considered sufficiently established to indicate preparation for dacoity and kidnapping; the court did not find it improbably artificial (!) (!) . - The designated court’s approach to try the case under TADA was acknowledged, with ultimate findings on the offences under IPC (307 and 399) and the sentence maintained (!) (!) .
(1) THIS is an appeal under Section 19 of Terrorists and Disruptive Activities Act (in short TADA). Four persons were convicted by a designated court, first among them was of the offences under Sections 307 and 399 of the Indian Penal Code. The remaining appellants were convicted under Section 399 of the Indian Penal Code alone. The first appellant was sentenced to imprisonment for ten years on the first count and all the appellants were given the sentence of rigorous imprisonment for seven years in respect of the latter count. As a charge framed against thorn included offence under TADA it was tried before the designated court as per the provisions of TADA.
(2) THE case of the prosecution was this: A gang of dacoits including the appellants determined to make a strike during the night of 1.5.1995 on the residence of an industrialist by name, Govind Damodar Kelkar (he is said to be one of the proprietors of an industry by name, S.H. Kelkar and Company), to loot the residents and to kidnap him to keep him for ransom for knocking off a huge sum of Rs. 20.00 crores. The police had sleuth information regarding the planned operation and, therefore, they formed a raiding p
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.