Deepti Anil Devasthali and Leena Anil Devastnali vs State of Maharashtra

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2009 Supreme(Bom) 1293

High Court of Judicature at Bombay
THE HONOURABLE MR. JUSTICE J. N. PATEL & THE HONOURABLE MRS. JUSTICE MRIDULA BHATKAR
Deepti Anil Devasthali and Leena Anil Devastnali – Appellant
Versus
State of Maharashtra - Respondent
Crminal Appeal No.173 of 2008 alongwith Confirmation Case No.1 of 2008
Decided on : 30-09-2009

Advocates appeared:
For the Appellant: Ms. Rohini Salin, Amicus curiae Convicts/Appellants present in person.
For the Respondent:Mundargi, Special Prosecutor with Ms. U.K. Kejriwal and Ms. S.D. Shinde APPs, S.V. Marwadi, Advocate.

Headnote:(A) Indian Evidence Act, 1872-Section 61-Proof of document-Electronically printed records of phone calls can be relied upon-When two contradictory circumstances are pointed out and they one negates the other, then it is not always a case to apply the principle mechanically that when two inferences are possible then one favourable to the accused be adopted. (Paras 24 and 38)
       (B) Indian Evidence Act, 1872-Sections 25, 45 and 73-Evidence of handwriting expert-Natural handwriting n is the handwriting on, the document which the Accused has earlier written/signed-To make the use of the confessional statement as a natural handwriting is to be strictly avoided. It leads to create bias against the Accused in the mind of the handwriting expert. (Para 43)
       (C) Criminal Procedure Code, 1973-Section 173-Narco Test-Evidentiary value-Whether the Narco test gives only a lead to the police for the investigation or is substantive evidence admissible in the trial is the issue pending before the Supreme Court-High Court not inclined to express any opinion on this issue as the Supreme Court is in seisin of that matter. (Para 132)

Judgment :-

P.C. (Mrs. Mridula Bhatkar, J.)

1. Accused no.1 Deepti Anil Devasthali (daughter of Accused no.2) and Accused no.2 Leena Anil Devasthali are convicted by the learned Ad Hoc Sessions Judge, Pune by judgment and order dated 27th December, 2007 for committing the offence of abduction and murder of one Dr.Deepak Mahajan alongwith other offences. They are sentenced to death for the offences of abduction for ransom and murder. Hence this appeal against the conviction filed by both the Accused and the reference for confirmation.

2. As per the case of the prosecution Accused no.1 Deepti and Accused no.2 Leena who are related as daughter and mother conspired to abduct Dr. Deepak Mahajan in order to demand ransom and commit his murder. Both the ladies started a detective agency by name Blue Bird Detective Agency having its office at Shaniwar Peth, Near Omkareshwar Temple, Pune. On 11/6/2006 they gave an advertisement in newspaper Sakal that they wanted to employ young, healthy and clever men to work in their detective agency. In response to their advertisement, PW3 Pravin Dnyaneshwar Kamble, PW2-Ashok Jagannath Magar, PW1 Ketan Pramod Kale and Court witness (CW1) Rahul Abhimanyu Bhosale amongst others have applied and were interviewed by Accused no.1 and Accused no. 2. Accused no.1 and Accused no.2 did not disclose their identity and real names but they represented to be one Joshi Madam and Miss Pradnya Kale. In furtherance of the conspiracy out of these four persons PW2 Ashok Jagannath Magar had accompanied Accused no. 1 Deepti to Yashwantrao Chavan Memorial Hospital (in short Y.C.M.Hospital) and introduced himself as Yogendra Shirke to Dr. Deepak Mahajan. While visiting Y.C.M.Hospital Accused no.1 had changed her appearance with Wig, dentures, and spectacles, looking like a character in one Hindi Serial which was aired on the television earlier by name Jassi Jaisi Koi Nahi.

3. In the year 2006 Dr. Deepak Mahajan was working as the Head of Orthopedic Department in Y.C.M.Hospital at Pimpri, Pune. On 29/6/2006, Accused No.1 wearing wig, spectacles and dentures had visited YCM Hospital and handed over one envelope to his colleague Dr. Ajay Bajirao Sonawane with message that the said envelope was to be given to Dr. Deepak Mahajan. It was containing a letter from Omkar Charitable Trust requesting Dr. Deepak Mahajan to accept a post of Honorary Surgeon in the hospital proposed to be run by the said Trust on honorarium of Rs. 15,000/- per month. On 30.6.2006 Dr.Deepak Mahajan was contacted in Y.C.M.hospital by Accused No.1 and PW2 Ashok Jagannath Magar and who introduced himself as Yogesh Shirke, the signatory of the said letter and they both again handed over copy of a similar letter to Dr.Mahajan. Dr.Mahajan sought time to think over the offer.

4. PW1 Ketan Pramod Kale and CW1 Rahul Abhimanyu Bhosale were employed in the Blue Bird Detective Agency by the Accused. They were told that they have to abduct one doctor who was involved in kidney scandal and he was to be interviewed by the Head of their detective agency. On 1/7/2006 the Accused alongwith PW1 Ketan Kale and C.W1 Rahul Bhosale searched for a lodging house and booked room no.7 in one lodge named Shantanu Lodge on 2/7/2006. On the previous day i.e. on 1/7/2006 the Accused with the help of P.W.1 Ketan Kale and C.W1 Rahul Bhosale performed rehearsal of overpowering the doctor as soon as he would enter the room. Accused no.1 told P.W.1 Ketan Kale and CW1 Rahul Bhosale how to hold the mouth and legs of Dr.Deepak Mahajan after the signal was received by them. It is the prosecution s case that the Accused’ in the course of their preparation had purchased drug by name Thisol Sodium/Pentathol/Thipentone from the chemists by name Darpan and Tashiba Medical & General Stores, Nasik. This drug is used to give anesthesia and also to put the animals to sleep in Veterinary hospitals.

5. On 2/7/2009 the Accused persons contacted Dr.Deepak Mahajan and invited him for lunch at Durvankur

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