IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL CONFIRMATION CASE NO.1 OF 2018 …

The State of Maharashtra Petitioner Vs Ramesh Vishwanath Darandale & Ors. ... Respondents With CRIMINAL APPEAL NO.949 OF 2018 Ramesh Vishwanath Darandale …

& Anr. Appellant Vs The State of Maharashtra ... Respondent With CRIMINAL APPEAL NO.950 OF 2018 Popat @ Raghunath Vishwanath …

Darandale Appellant Vs The State of Maharashtra ... Respondent With CRIMINAL APPLICATION IN APPEAL NO.423 OF 2019 alongwith CRIMINAL APPEAL NO.1146 OF 2018 …

Sandip Madhav Kurhe and Anr. Appellant Vs The State of Maharashtra ... Respondent With CRIMINAL APPLICATION IN APPEAL NO.1035 OF 2019 alongwith CRIMINAL APPEAL NO.264 OF 2018 …

Ashok Sudhakar Navgire Appellant Vs The State of Maharashtra ... Respondent ...

Mr. Deepak Thakare, P.P. a/w Mr. J.P. Yagnik, APP for the State/Petitioner.

Mr. Vijay Hiremath a/w Ms. Sahana i/b Swaraj Jadhav for the Accused Nos. 1, 2 and 6.

Mr. Nitin Shivram Satpute a/w Ms. Divya R. Gupta for Respondent No.4 Dr. Yug M. Chaudhry a/w Ms. Ragini Ahuja for Respondent No.3.

...

CORAM : B.P.DHARMADHIKARI &

SANDEEP K. SHINDE JJ.

DATED : 02nd DECEMBER, 2019.

Judgment (Per Coram :– 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 Section 357(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 Seemas 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