Murder conviction upheld on eye-witness testimony of coordinated sharp weapon and firearm assault, corroborated by medical/ballistic evidence and circumstances; weapon recovery under Evidence Act Section 27 valid sans detailed concealment description if discovery follows information.

JUDGMENT :

NIVEDITA P. MEHTA, J.

This appeal is directed against the judgment and order dated 27.09.2018 passed by the learned Additional Sessions Judge, Akola in Sessions Trial No. 35 of 2016. By the said judgment, the present appellant, original Accused No.3 – Jaswantsingh Udaysingh Chavan, has been convicted for the offences punishable under Section 302 read with Section 34 of the Indian Penal Code (for short, “IPC”) and Section 120-B of the IPC. He has been sentenced to suffer imprisonment for life and to pay a fine of Rs.20,000/-, in default to suffer further rigorous imprisonment for one year for the offence under Section 302 read with Section 34 of the IPC. He has also been sentenced to suffer imprisonment for life and to pay fine of Rs.5,000/-, in default to suffer rigorous imprisonment for one year for the offence under Section 120-B of the IPC. Both sentences are directed to run concurrently.

2. The prosecution case, in brief, is that deceased Kishor Madanlal Khatri was engaged in property and real estate business and had business dealings with several builders in the city, including Accused No.2 – Ranjitsingh Chungde, resident of Rajputpura, Akola. A mall was under construction on land owned by Accused No.2 behind City Kotwali Police Station, Akola. The deceased had acted as a mediator in the disputes that had arisen among the builders involved in the said construction. An agreement had been entered into between him and the developers of Balaji Mall at Akola for facilitating sale of shops in the said mall.

3. On 03.11.2015 at about 12:00 noon, the deceased had been called to Balaji Mall, by Delhi-based traders Khushwaji and Vikratji. At about 1:00 p.m., the deceased, the said traders and Accused No.2 discussed the proposed date of inauguration of the mall. Thereafter, Accused No.2 went home and returned to the mall in a white Tata Safari vehicle bearing registration No. MH-30/P-3040. The deceased left the mall along with Accused No.2 in the said vehicle towards Somthana Shivar to see a field. It is further stated that when the deceased did not return, phone calls were made to him. Later in the afternoon, information was received that a dead body was found near Somthana. The body was identified as that of Kishor Khatri.

4. On the basis of the oral report lodged by PW8 – Dilip Khatri, Crime No. 169 of 2015 came to be registered at Old City Police Station, Akola for the offences punishable under Sections 302 of the IPC. During the course of investigation, the Investigating Officer visited the spot and prepared the spot and inquest panchnamas. Blood-stained soil, simple soil, broken pieces of rope and the mobile phone of the deceased were seized. On the same day, the Tata Safari vehicle bearing No. MH-30/P-3040, allegedly used in the commission of the offence, was found at the farm house of Accused No.2 and was seized along with two firearms and live cartridges. The post-mortem examination of the deceased was conducted. Subsequently, the present appellant came to be arrested. At his instance, a knife (Kukari) and certain clothes were seized under memorandum and recovery panchnamas. Statements of witnesses came to be recorded. Call Detail Records were also collected. Upon completion of investigation, charge-sheet came to be f