Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2019 Supreme(Bom) 1689

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
B.P. DHARMADHIKARI, SANDEEP K. SHINDE, JJ.
The State of Maharashtra & Others – Appellant
Versus
Ramesh Vishwanath Darandale & Others – Respondents
Criminal Confirmation Case No. 1 of 2018 with Criminal Appeal Nos. 949, 950, 1146, 264 of 2018 with Criminal Application in Appeal Nos. 423, 1035 of 2019
Decided on : 02-12-2019

Advocate Appeared:
For the Petitioner: Deepak Thakare, P.P. a/w Mr. J.P. Yagnik,
For the Accused :Vijay Hiremath a/w Sahana i/b Swaraj Jadhav, Nitin Shivram Satpute a/w Divya R. Gupta, R3, Dr. Yug M. Chaudhry a/w Ragini Ahuja, Advocates.

The court emphasized that the circumstantial evidence was compelling, establishing murder based on caste-related motives, affirming death penalties for those involved.

Headnote:(A) Indian Penal Code, 1860 - Sections 302 and 201 - Criminal Procedure Code - Section 366 - Appellants convicted for murder and conspiracy - Sentenced to death - Charge based on circumstantial evidence, motive of caste conflict due to inter-caste relationship established - Disappearance of evidence and false reporting demonstrated. (Paras 1-23, 62-71, 114-117)

(B) Circumstantial Evidence - Requirements for conviction under circumstantial evidence discussed - Each link in the chain of circumstances must be proved individually to establish guilt. (Paras 26-27, 89-92)

(C) Sentencing - Consideration of aggravating and mitigating circumstances - Rarest of rare cases standard applied - Death sentence upheld due to brutality of crime and lack of remorse. (Paras 102-117)

Facts of the case:
The appellants conspired to murder three workers following a caste-related dispute over a romantic relationship. The bodies were found after efforts to cover up the crime. (Paras 1-7)

Findings of Court:
Conviction upheld based on clear circumstantial evidence and motive, confirming the death penalty for the accused involved. (Paras 118-119)

Issues: The primary issues were the establishment of motive, circumstantial evidence, and the appropriateness of sentencing. (Paras 26-27, 63-64)

Ratio Decidendi: The court emphasized that the circumstantial evidence was compelling, establishing the presence of the accused at the crime scene and their conspiracy to commit the murders. The principle of rarest of rare cases applies, justifying the death sentence. (Paras 89, 114-117)

Result: Death sentence confirmed for all accused except for one, whose appeal succeeded. (Paras 118-120)

Table of Content
1. accused found guilty and sentenced (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 10 , 11 , 12 , 13 , 16 , 19 , 20)
2. court's analysis and observations on evidence (Para 25 , 28 , 46 , 49 , 54 , 56 , 88 , 105 , 117)
3. arguments and disputations from defense (Para 27 , 29 , 30 , 32 , 34 , 63 , 68 , 70 , 72 , 75 , 91)
4. determination of culpability and sentencing (Para 78 , 90 , 94 , 102 , 115)
5. final judgment and sentencing order (Para 118 , 119 , 120 , 121 , 123)

JUDGMENT :

Sandeep K. Shinde J.

1. The appellants in the above Appeals were found guilty of offence punishable under Section 302 read with Section 120B of the Indian Penal Code and were sentenced to death. The Learned Sessions Judge, Nashik, thus submitted the proceedings to this Court under Section 366 of the Criminal Procedure Code, for confirmation of death sentence. Besides, appellants were also found guilty of offence punishable under Section 201 read with Section 120B of the Indian Penal Code and each were sentenced to suffer rigorous imprisonment for seven years and fine of Rs.10,000/-, in default to suffer rigorous imprisonment for three years each. Both the sentence were ordered to run concurrently. The fine amount, if recovered has been directed to be paid to the legal representatives of each deceased at the rate of Rs.20,000/- each, as compensation. However, the appellants were acquitted of the offence punishable under Section 135 of the Bombay Police Act. Accused no.7-Ashok Rohidas Falke has been acquitted of all the offences. The District Services Legal Authority, Nashik has been directed to make an enquiry and pay compensation under Victim Compensation Scheme envisaged under Section 357 (a) of the Criminal Procedure Code (“Cr.P.C.” for short) in addition to the compensation awarded under (5) of the Cr.P.C. It is against this conviction and sentence, these appeals are preferred.

2. Pending Appeals, accused no.5-Popat Darandale died on 23rd June, 2018 and thus the Appeal abates against him.

3. We shall advert to the exposition of facts of the case as projected by the prosecution : Sandeep Thanwar, Rahul Kandare and Sachin Gharu, (all three victims deceased) were working as sweepers at Trimurti Prathisthan College, Tal. Nevasa, Dist. Ahmednagar. Sachin who belongs to scheduled caste, fell in love with Ms. Seema Popat Darandale, who belongs to Maratha caste (upper class). Seema is the daughter of accused no.5-Popat @ Raghunath Darandale. She was pursuing B.Ed course in the Trimurti College. When family members learnt about Seema’s alleged love affair with Sachin Gharu (deceased), Ramesh Vishwanath Darandale (accused no.1), Prakash Vishwanath Darandale (accused no.2) both paternal uncles of Seema, Sandeep Mahadev Kurhe (accused no.3 and relative of Seema), Ashok Navgire (accused no.4), Popat @ Raghunath Vishwanath Darandale (accused no.5 and father of Seema), Ganesh @ Ramesh Popat Darandale, (accused no.6 and brother of Seema) and one Ashok Falke (accused no.7) hatched the conspiracy to eliminate Sachin Sohanlal Gharu. It is prosecutions narrative that on 1st January, 2013, accused, on the pretext of repairing/cleaning septic tank secured presence of Sandeep Thanwar, Sachin Gharu and Rahul Kandare at the farmhouse of Popat Darandale, father of Seema, (accused no.5) at Darandale Vasti, Ganeshwadi, Sonai, Taluka-Nevasa, District - Ahmednagar. At the instance of accused, all deceased victims reached at Darandale Vasti in afternoon of 1st January, 2013 at around 1 p.m. to clean the septic tanks. Darandale Vasti is a isolated place, where, farm house of Darandale family is situated. Abutting farmhouse, there were toilet blocks. That since Sandeep Thanwar, did not return home till late evening, his brother Kapil Thanwar, contacted accused no.3-Kurhe, who told him that Sandeep Thanwar, and his two friends left Darandale Vasti in the afternoon; however,

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2019 Supreme(Bom) 1689

The court emphasized that the circumstantial evidence was compelling, establishing murder based on caste-related motives, affirming death penalties for those involved.

Cases Referred (30)