# MAHESH DHANAJI SHINDE v. STATE OF MAHARASHTRA

- **Citation:** [2014] 3 S.C.R. 406
- **Court:** Supreme Court of India
- **Decided:** 2014-02-27
- **Case number:** Criminal Appeal No. 1210-1213 of 2012
- **Bench:** P. Sathasivam, RANJAN GOGOi, Shiva Kirti Singh
- **Source:** https://unisonlegal.in/judgment/supreme-court-of-india/mahesh-dhanaji-shinde-v-state-of-maharashtra-29603
- **Pages:** 38

## Headnote

PENAL CODE, 1860:
ss. 302 rlw1208 - 9 murders - Circumstantial evidence -
"Money shower" case - Accused meticulously planned
murders by inducing innocent persons in the name of "money
showers" (multiplying cash money), took money from them,
0 killed them and looted their cash and jewellery - Conviction
and death sentence to all four accused - Confirmed by High
Court - Held: On the basis of the evidence brought by the
prosecution it has been conclusively established that the
death of all the deceased persons was homicidal in nature
and that dead bodies recovered were of the deceased, as
E claimed by the prosecution - Therefore, conviction of all four
accused u/ss 302 and 120-8 is affirmed - Evidence -
Circumstantial evidence.
Sentence - Held: Criminal acts of accused were the result
F of a carefully planned scheme - Crimes were committed over
a period of nearly two months in three different episodes -
Assaults on some of the victims were merciless and gruesome
- Some of the victims were young and hapless children - At
the same time, all the four accused were young in age at the
G time of commission of offence - They belong to economically,
socially and educationally deprived section of population -
They were living in acute poverty - Materials show that while
in custody all the accused had enhanced their educational
qualifications -- There is no material or information to show
H
406
MAHESH DHANAJI SHINDE v. STATE OF
407
MAHARASHTRA
any condemnable or reprehensible conduct on the part of any A
of appellants during their· period of custody - All the
circumstances point to possibility of accused-appellants
being reformed and living a meaningful and constructive life
if they are to be given a second chance - Balancing two sets
of circumstances i.e. one favouring commutation and the
B
other favouring upholding death penalty, option of life
sentence is not "unquestionably foreclosed" - Therefore,
sentence of death awarded to accused-appellants is
commuted to life imprisonment - Their custody for rest of their
lives will be subject to remissions, if any, which will be strictly c
subject to the provisions of ss. 432 and 433-A, Cr.PC.
The appellants (A-1, A-2, A-3 and A-6) were
prosecuted for committing murders of 9 persons for
money. The prosecution case was that A-1 claimed to
have been gifted with supernatural powers of "money D
showers" i.e. to multiplying cash money, and A-2, A-3 and
A-6 used to spread and circulate amongst innocent
people the magical powers of "money showers" of A-1;
that these accused conspired to induce the people,
collect money from tbem on the assurance of multiplying
E
it, take such people to a certain place (place of
occurrence) and kill them there, take away their cash and
jewellery and other belongings and dispose of their
bodies. The relatives of some of the deceased lodged
'
complaints of missing of the deceased. The investigation
F
led to recovery from the place of occurrence of 10 dead
bodies in highly decomposed condition, unable to be
identified, out of which 081 to 089 were identified by the
relatives on the basis of their belongings, DNA tests and
super-imposition test. The accused were tried in three
G
Sessions cases. In tw.o of them A-1, A-2, A-3 and A-6 were
convicted u/ss 302 and 1208 IPC and were sentenced to
death. The High Court confirmed the conviction and the
sentence. In the third Sessions case in which only A-1,
A-2 and A-3 were the accused, they were acquitted of the
H
408
SUPREME COURT REPORTS
[2014] 3 S.C.R.
A offence punishable u/ss 302 and 1208 IPC, but the High
Court reversed their acquittal and sentenced them to life
imprisonment.
8
Disposing of the appeals, the Court
HELD: 1.1 On the basis of the evidence brought by
the prosecution it has been conclusively established that
the death of all the deceased persons, except DB-10,
which could not be identified, was homicidal in nature
and that DB-1 to 9 were of the deceased, as claimed by
C the prosecution. [para 13] [422-F-G]
1.2 In

## Text

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A
B
c
[2014] 3 S.C.R. 406
MAHESH DHANAJI SHINDE
v.
STATE OF MAHARASHTRA
(Criminal Appeal No. 1210-1213 of 2012)
FEBRUARY 27, 2014
[P. SATHASIVAM, CJI, RANJAN GOGOi,
SHIVA KIRTI SINGH, JJ.]
PENAL CODE, 1860:
ss. 302 rlw1208 - 9 murders - Circumstantial evidence -
"Money shower" case - Accused meticulously planned
murders by inducing innocent persons in the name of "money
showers" (multiplying cash money), took money from them,
0 killed them and looted their cash and jewellery - Conviction
and death sentence to all four accused - Confirmed by High
Court - Held: On the basis of the evidence brought by the
prosecution it has been conclusively established that the
death of all the deceased persons was homicidal in nature
and that dead bodies recovered were of the deceased, as
E claimed by the prosecution - Therefore, conviction of all four
accused u/ss 302 and 120-8 is affirmed - Evidence -
Circumstantial evidence.
Sentence - Held: Criminal acts of accused were the result
F of a carefully planned scheme - Crimes were committed over
a period of nearly two months in three different episodes -
Assaults on some of the victims were merciless and gruesome
- Some of the victims were young and hapless children - At
the same time, all the four accused were young in age at the
G time of commission of offence - They belong to economically,
socially and educationally deprived section of population -
They were living in acute poverty - Materials show that while
in custody all the accused had enhanced their educational
qualifications -- There is no material or information to show
H
406
MAHESH DHANAJI SHINDE v. STATE OF
407
MAHARASHTRA
any condemnable or reprehensible conduct on the part of any A
of appellants during their· period of custody - All the
circumstances point to possibility of accused-appellants
being reformed and living a meaningful and constructive life
if they are to be given a second chance - Balancing two sets
of circumstances i.e. one favouring commutation and the
B
other favouring upholding death penalty, option of life
sentence is not "unquestionably foreclosed" - Therefore,
sentence of death awarded to accused-appellants is
commuted to life imprisonment - Their custody for rest of their
lives will be subject to remissions, if any, which will be strictly c
subject to the provisions of ss. 432 and 433-A, Cr.PC.
The appellants (A-1, A-2, A-3 and A-6) were
prosecuted for committing murders of 9 persons for
money. The prosecution case was that A-1 claimed to
have been gifted with supernatural powers of "money D
showers" i.e. to multiplying cash money, and A-2, A-3 and
A-6 used to spread and circulate amongst innocent
people the magical powers of "money showers" of A-1;
that these accused conspired to induce the people,
collect money from tbem on the assurance of multiplying
E
it, take such people to a certain place (place of
occurrence) and kill them there, take away their cash and
jewellery and other belongings and dispose of their
bodies. The relatives of some of the deceased lodged
'
complaints of missing of the deceased. The investigation
F
led to recovery from the place of occurrence of 10 dead
bodies in highly decomposed condition, unable to be
identified, out of which 081 to 089 were identified by the
relatives on the basis of their belongings, DNA tests and
super-imposition test. The accused were tried in three
G
Sessions cases. In tw.o of them A-1, A-2, A-3 and A-6 were
convicted u/ss 302 and 1208 IPC and were sentenced to
death. The High Court confirmed the conviction and the
sentence. In the third Sessions case in which only A-1,
A-2 and A-3 were the accused, they were acquitted of the
H
408
SUPREME COURT REPORTS
[2014] 3 S.C.R.
A offence punishable u/ss 302 and 1208 IPC, but the High
Court reversed their acquittal and sentenced them to life
imprisonment.
8
Disposing of the appeals, the Court
HELD: 1.1 On the basis of the evidence brought by
the prosecution it has been conclusively established that
the death of all the deceased persons, except DB-10,
which could not be identified, was homicidal in nature
and that DB-1 to 9 were of the deceased, as claimed by
C the prosecution. [para 13] [422-F-G]
1.2 In so far as the involvement of the accused in the
crimes alleged against them is concerned, the evidence
and other materials on record make it clear that A-1, A-2,
0 A-3 and A-6 were known to each other and they were
residing in Mumbai. It was deliberately circulated and
spread by the accused that A-1 was gifted with supernatu ra I powers of causing money showers i.e.
multiplying cash money. The evidence on record also
E establishes that the accused had been persuading
people, including the victims, to arrange for cash money
and bring the same to them at the named places so that
the same can be multiplied. Accordingly, the victims,
including the deceased persons, after obtaining cash
money from different sources, had gone to the stated
F places and they were put up in different lodges/hotels by
the accused. The prosecution had also established that
while staying in the hotels/lodges the victims and the
accused did not use their real names. Specifically, the
prosecution evidence shows that A-2 arranged for
G conveyance and stay of the victims whereas A-3 had
assisted A-2 in shifting the victims from the lodges to the
place where the crimes were committed. The evidence
adduced also shows that the victims had left in the
mornings of the days of incident for the place of
H occurrence alongwith some of the accused. A-1 was the
MAHESH DHANAJI SHINDE v. STATE OF
409
MAHARASHTRA
money spinner and A-6 was in the company of the other
A
accused with full knowledge of what was going on and
with active participation therein. [para 17]
1.3 The victims were missing for days and their
relatives had lodged complaints in different police
B
stations. From the place of occurrence articles like
wearing apparels, brief case, diaries etc. were recovered
which have been proved to be belonging to some of the
deceased persons whereas articles like wrist watch,
jewellery items etc. also belonging to the deceased had
C
been recovered from persons who were in such
possession through the accused. All such articles have
been identified by the close relatives of the deceased to
be belonging to the respective deceased persons.
Around the time of the incidents, the accused persons
had made unaccounted cash deposits in their Bank D
accounts or in the accounts of their close relatives and
A-1, A-2 and A-3 had purchased automobiles/motorcycles
on cash payment. The sources of such receipts have not
been explained. These conclusions which this Court has
thought proper to draw on a con,sideration of the
E
evidence of the prosecution appears to be more or less
in conformity with what has been found by the High Court
to have been proved by the prosecution. Therefore, there
is no doubt, whatsoever, that in the instant case the
prosecution has succeeded in proving a series of highly
F
incriminating circumstances involving the accused all of
which, if pieced together, can point only to one direction,
namely, that it is the accused-appellants and nobody else
who had committed the crimes in question. [para 17]
[432-H; 433-A-E]
G
1.4 Therefore, this Court affirms the impugned
common judgment and order of the High Court holding
accused A-1, A-2, A-3 and A-6 in Sessions Case Nos. 3/
2005 and 5/2005 guilty of commission of the offences
H
410
SUPREME COURT REPORTS
[2014) 3 S.C.R.
A alleged including the offence u/s 302 IPC read withs. 120B IPC. This Court also affirms the finding of the High
Court that accused A-1, A-2 and A-3 in Sessions Case No.
4/2005 are guilty of commission of the offence u/s 302 IPC
read with s. 120-B IPC, insofar as the death of deceased
B (DB-1) is concerned. [para 17] [433-E-G]
Santosh Kumar Satishbhushan Bariyar Vs. State of
Maharashtra (2009) 6 SCC 498; Mui/a & Anr. Vs. State of
Uttar Pradesh 2010 (2) SCR 633 = (2010) 3 SCC 508;
Ramesh & Ors. Vs. State of Rajasthan 2011 (4) SCR 585 =
C (2011) 3 SCC 685; and Shankar Kisanrao Khade Vs. State
of Maharashtra (2013) 5 SCC 546 - cited.
2.1 As regards the sentence, the essential principles
in death penalty jurisprudence has been laid down by
D two Constitution Benches of this Court in Jagmohan
Singh and Bachan Singh. The expanse of the death
penalty jurisprudence clearly and firmly laid down in
Bachan Singh is called out as following:
E
F
G
(1)
Life imprisonment is the rule and death penalty
is the exception. (para 209)
(2)
Death sentence must be imposed only in the
gravest cases of extreme culpability, namely,
in the "rarest of rare" where the alternative
option of life imprisonment is "unquestionably
foreclosed". (para 209)
(3)
The sentence is a matter of judicial discretion
to be exercised by giving due consideration to
the circumstances of the crime as well as the
offender. (para 197) [para 21 and 23] [436-B-C;
437-B-E]
Jagmohan Singh Vs. The State of U.P. 1973 (2) SCR 541
= (1973) 1 SCC 20; Bachan Singh Vs. State of Punjab (1980)
H 2 sec 684 - relied on.
MAHESH DHANAJI SHINDE v. STATE OF
411
MAHARASHTRA
Mithu Vs. State of Punjab 1983 (2) SCR 690 =AIR 1983
A
SC 473; Sunil Dutt Sharma vs. State (Govt. of NCT of Delhi)
2013 (12) SCALE 473; and Sushi/ Sharma Vs. The State of
NCT of Delhi 2013 (12) SCALE 622 • referred to.
2.2 The Constitution Bench in Bachan Singh
8
sounded a note of caution against treating the
aggravating and mitigating circumstances in separate
water-tight compartments, as in many situations it may
be impossible to isolate them and both sets of
circumstances will have to be considered to cull out the
C
cumulative effect thereof. [para 24] [437 -F·G]
2.3 In the instant case; there is no manner of doubt
that the accused appellants have committed the murder
of as many as 9 innocent and unsuspecting victims who
were led to believe that A-1 had magical powers to D
multiply money. The deceased, after being killed, were
robbed of the cash amounts that they had brought with
them for the purpose of "money shower". The criminal
acts of the accused were actuated by greed for money
and such acts were the result of a carefully planned
E
scheme. The crimes were committed over a period of
nearly two months in three different episodes. The
assaults on some of the victims wer'! merciless and
gruesome. Some of the victims were young and hapless
children. [para 28] [441-G-H; 442-A·B]
F
2.4 At the same time, all the four accused were young
in age i.e. 23-29 years at the time of commission of the
offence. They belong to the economically, socially and
educationally deprived section of the population. They
were living in acute poverty. It is possible that, being ,'G
young, they had a yearning for quick money and it is
these circumstances that had led to the commission of
the crimes in question. Materials have been laid before
this Court to show that while in custody all the accused
had enrolled themselves in Open· University and had
H
412
SUPREME COURT REPORTS
[2014] 3 S.C.R.
A either completed the B.A. Examination or are on the
verge of acquiring the degree. A-2, A-3 and A-6 have, at
different points of time, participated in different
programmes of Gandhian thoughts and have been
awarded certificates of such participation. In prison, A-2
B has written a book and A-3 has been associated with the
said work. There is no material or information to show
any condemnable or reprehensible conduct on the part
of any of the appellants during their period of custody.
All the circumstances point to the possibility of the
c accused-appellants being reformed and living a
meaningful and constructive life if they are to be given a
second chance. In any case, it is not the stand of the
State that the accused-appellants are beyond reformation
or are not capable of living a changed life if they are to
0 be rehabilitated in society. Each of the accused have
spent over 10 years in incarceration. [para 29] [442-C-H]
2.5 Balancing the two sets of circumstances i.e. one
favouring commutation and the other favouring
upholding the death penalty, this Court is of the view that
E in the instant case the option of life sentence is not
"unquestionably foreclosed". Therefore, the sentence of
death awarded to the accused is commuted to life
imprisonment. Each of the accused-appellants, shall
undergo imprisonment for life for commission of the
F offence u/s 302/1208 IPC. The custody of the appellants
for the rest of their lives will be subject to remissions, if
any, which will be strictly subject to the provisions of
ss.432 and 433-A of the Cr.PC. [para 30] (443-A-D]
G
Case Law Reference:
(1980) 2 sec 684
relied on
para 18
(2009) 6 sec 498
cited
para 18
2010 (2) SCR 633
cited
para 18
H
MAHESH DHANAJI SHINDE v. STATE OF
413
MAHARASHTRA
~
2011 (4) SCR 585
cited
para 18
(2013) 5 sec 546
cited
para 18
1973 (2) SCR 541
relied on
para 21
1983 (2) SCR 690
referred to
para 24
2013 (12) SCALE 473 referred to
para 24
2013 (12) SCALE 622 referred to
para 24
CRIMINAL APPELLATE JURISDICTION : Criminal Appeal
No. 1210-1213 of 2012
From the Judgment & Order dated 17.10.2011 of the High
Court of Judicature at Bombay in Confirmation Cases Nos. 3
and 6 of 2009 alongwith Criminal Appeal Nos. 731 and 732 of
A
B
c
2010.
D
WITH
Criminal Appeal No. 2089-2091, 1238-1239, 1240-1241 of
2012
Colin Gonsalves, Aparna Jha, Braj Kishore Mishra,
E
Kamlesh Mishra, Jyoti Mendiratta Shivaji M. Jadhav, Sushi!
Karanjkar, S.N. Bhanage, P.R. Narvekar, A.P. Mayee, Asha
Gopalan Nair, Amal B. Karande for the appearing parties.
The Judgment of the Court was delivered by
RANJAN GOGOi, J. 1. The appellants, Santosh Manohar
Chavan, Amit Ashok Shinde, Yogesh Madhukar Chavan and
Mahesh Dhanaji Shinde who were tried as accused Nos. 1, 2,
F
3 and 6 (hereinafter referred to as A-1, A-2, A-3 and A-6) in
Sessions Case Nos. 3/2005, 4/2005 and 5/2005 have assailed
G
the impugned'c9mmon judgment and order of the High Court
of Bombay dated 17 .10.2011 whereby their conviction in
Sessions Case Nos, 3/2005 and 5/2005, inter alia, under
Section 302/120B of the IPC and for offences under the Arms
Act have been upheld by the High Court. The death penalty
H
414
SUPREME COURT REPORTS
[2014] 3 S.C.R.
A imposed on the appellants by the learned Trial Judge has been
confirmed by the High Court by the order under appeal apart
from the punishment imposed under different Sections of the
Penal Code as well as the Arms Act. Insofar as Sessions Case
No. 4/2005 is concerned, the learned Trial Judge had acquitted
B accused 1, 2 and 3 of the offence under Section 302/1208 IPC.
In the appeal by the State, the High Court has reversed the
acquittal and convicted the aforesaid three accused of the
aforesaid offence and has sentenced them to undergo RI for
life. The accused No. 6, i.e., appellant Mahesh Dhanaji Shinde
c is not an accused in Sessions Case No. 4/2005. It" is the
common order of the High Court rendered in the aforesaid
cases convicting and sentencing the accused-appellants, as
aforementioned, which has been challenged in the present
appeals. It may also be mentioned at the outset that in all the
0 cases the accused-appellants have been exonerated of the
charge under Section 364A of the IPC by the order under
appeal.
2. The case of the prosecution in short is that on
20.12.2003 the Superintendent of Police, Sindhudurg received
E anonymous letters and phone calls to the effect that some
unidentified dead bodies were lying dumped on the hillocks of
village Nandos, Taluk Malvan, District Sindh~durg. A search
operation was organised on the very day i.e. 20.12.2003 in the
course of which 7 dead bodies were recovered. Two more
F dead bodies were recovered on the next day i.e. 21.12.2003
and one dead body was recovered on 29.12.2003. Alongwith
the dead bodies, articles like clothes, trouser hooks, broken
brief case etc. alongwith two blood stained diaries were also
recovered. Though all the dead bodies were sent for postG mortem examination the high level of decomposition rendered
any post-autopsy opinion impossible. The dead bodies were
therefore sent to Medical College, Miraj and a team of doctors
was constituted who performed forensic chemical tests on the
dead bodies. Some of the organs from the dead bodies were
H sent to the Centre for DNA Fingerprinting and Diagnostics,
MAHESH DHANAJI SHINDE v. STATE OF
415
MAHARASHTRA [RANJAN GOGOi, J.]
Hyderabad (CDFD) for DNA test and the skulls sent to the
A
Forensic Laboratory, Kalina, Bombay for super-imposition tests.
3. In the two diaries recovered by the police from the spot
some names and addresses were found. It is from these
persons that the names and particulars of the persons to whom
B
the diaries belonged could be ascertained. Having traced the
initial identity of some of the deceased in the above manner,
enquiries from such friends and relatives revealed the names ·
and identities of other persons who were in the company of the
deceased persons. Information lodged in different police
stations with regard to missing persons around the relevant time
C
were collected and co-related. The opinion of handwriting
experts were obtained which showed that the diaries belonged
to one Dada Saheb Chavan and Kerubhai Mali. Blood samples
of the relatives were sent to the CDFD, Hyderabad for DNA
test. Some of the dead bodies were also identified by the
D
relatives and friends of the deceased on the basis of articles
recovered from the spot which were seized in the course of the
investigation. The investigation which proceeded on the
aforesaid lines, prima facie indicated the involvement of the
accused-appellants. Accordingly, accused Santosh Manohar
E
Chavan (A-1) was arrested on 22.12.2003 and from the
information obtained during the course of his interrogation,
accused Nos. 2 to 7 were arrested. The disclosures made by
the accused led to recovery of gold articles, bank passbooks
etc. from the house of A-7 as well as incriminating weapons
F
like iron rods, cut bars of guns, one muzzle loader gun etc. Test
Identification Parade was held where A-1, A-2 and A-3 were
identified by witnesses. The assets acquired by the aforesaid
persons around that time including motor bikes, a Tata Sumo
jeep etc. were seized alongwith bank statements of the
G
accused, their wives and relatives. The bank statements
revealed that cash deposits well beyond the income of the
accused were made around the time of the incidents. The
accounts also showed purchase of Tata Sumo by A-1 at a cost
of Rs. 2.6 lakhs on 24.08.2003 and purchase of motorcycles
H
416
SUPREME COURT REPORTS
[2014] 3 S.C.R.
A by A-2 and A-3 on 20.11.2003 and 25.11 2003 respectively.
4. According to the prosecution, investigation further
disclosed that A-1 Santosh Manohar Chavan who plied an auto
rickshaw in Mumbai claimed super natural powers to bring
8 about "money showers" i.e. to multiply cash money. According
to the prosecution while A-2 was a LIC agent, A-3 was
employed in a private institution and A-6 was running a ration
shop. All the aforesaid accused used to spread and circulate
amongst innocent and unsuspecting persons the magical
powers claimed by A 1 to multiply money by creating "money
C showers". They would ask the victims to come to Malvan with
currency notes of higher denominations alongwith empty gunny
sacks (ostensibly to collect the proceeds of the money shower).
In Malvan they were put up in lodges and hotels. From those
lodges and hotels the victims would be ferried to the Nandos
D plateau by auto rickshaw. The vehicle will halt near the village
Panchayat Office from where the victims were asked to travel
by foot to the plateau. The prosecution alleged that the accused
ensured that the victims did not bring their own vehicles to
Malvan and that they did not leave any personal effects in the
E hotel or lodge. All this was done to avoid any trace of the
victims. The registers of lodges and hotels where the deceased
persons and some of the accused had, according to the
prosecution, stayed on different dates during the relevant period
F
were also seized in the course of investigation.
5. According to the prosecution, the investigations carried
out had also revealed that one Shankar Sarage and one
Hemant Thakre were done to death by the accused persons
on 24.9.2003. Dead bodies number 1 and 10 (DB-1 and DBG 10) were claimed to be of the aforesaid two persons who,
according to the prosecution, were killed on 24.9.2003. The
accused were charged of the offence of kidnapping and murder
of the aforesaid two persons and were put to trial in the
proceeding registered as Sessions Case No. 4/2005. On the
H basis of the report of the forensic team of the Miraj Medical
MAHESH DHANAJI SHINDE v. STATE OF
417
MAHARASHTRA [RANJAN GOGOi, J.]
College the prosecution alleged that the aforesaid two persons
A
were killed by gun shots, swords, rods and revolver and that
they have been robped of a sum of Rs. 1,55,000/-. While the
Trial Court acquitted the accused A-1, A-2 and A-3 on the
ground that the dead bodies DB-1 and DB-10 could not be
identified to be that of deceased Shankar Sarage and Hemant
B
Thakre, the High Court reversed the said finding insofar as
deceased Shankar Sarage is concerned and held accused 1,
2 and 3 to be guilty of murder of Shankar Sarage. They have
been accordingly sentenced to undergo RI for life.
6. The prosecution had further alleged that the second c
incident involved four persons i.e. Vijaysinha Dude, Dadasaheb
Chavan, Sanjay Garware and Vinayak Pisa! and that the same
had occurred on 30.10.2003. It is the further case of the
prosecution that Dead Bodies i.e. DB-2, DB-3, DB-4 and DB5 were that of the four deceased persons mentioned above who
D
were killed and robbed of Rs. 3, 10,000/-. Such identification
was claimed on the basis of super-imposition tests carried out
at the Forensic Laboratory, Kalina, Bombay. Sessions Case
No. 5/2005 was registered in respect of the said incident
wherein the accused A-1, A-2, A-3 and A-6 were tried and
E
convicted under Section 302/1208 IPC and other provisions
of the Code as well as under different provisions of the Arms
Act. They have been awarded the death sentence by the
learned Trial Court which has been confirmed by the High Court
by the order under challenge in the present appeals.
F
7. The prosecution has further alleged that the third incident
occurred on 14.11.2003 and involved four persons of a family
who were identified to be Kerubhai Mali, Anita Mali, Sanjay Mali
and Rajesh Mali. On the basis of the report of DNA analysis,
G
the prosecution alleged that dead bodies DB-8, DB-7, DB-6
and DB-9, respectively, belonged to the aforesaid persons in
seriatim and that they had been killed and robbed of Rs.
3, 10,000/-. Sessions Case No. 3/2005 was registered against
accused A-1, A-2, A-3 and A-6 in respect of the incident in
H
418
SUPREME COURT REPORTS
[2014] 3 S.C.R.
A question. All the four accused persons have been convicted by
the learned Trial Court inter a/ia under Section 302/1208 IPC
and other provisions of the Code as well as different provisions
of the Arms Act and have been sentenced, inter alia, to death.
The conviction and sentence has been maintained by the High
B Court.
8. Though separate chargesheets in respect of the three
incidents of alleged murder on the three different dates were
filed in Court and separate sessions cases were registered
wherein separate charges had been framed against the
C accused persons, evidence in all the cases was led in the trial
of Sessions Case No. 3/2005.
9. 128 witnesses including 38 pan ch witnesses; 22
persons acquainted with the accused and the victims; 9
D relatives of the victims; 13 medical officers; 5 witnesses
connected with the mobile phone calls made by the accused;
29 police witnesses; two executive magistrates; 5 bank officers
and 5 DNA experts, super-imposition experts, handwriting
experts and ballistic experts were examined by the prosecution.
E The accused persons denied their involvement in any of the
offences alleged against them but did not adduce any evidence.
10. A broad overview of the core evidence brought by the
prosecution to bring home the charges against the accused
F may now be made.
On the basis of the report of the Forensic Expert
Committee (Exhibit 419) proved by PW-76, Dr. Anil Jinturkar,
the prosecution has tried to prove that the death of all the 10
deceased (DB-1 to DB-10) was homicidal in nature. The
G findings of the forensic tests, as deposed to by PW-76, may
H
be set out below:-
DB 1 was of a· human male aged between 25 to
45 years. Time of death was 6 months prior to
examination. Probable cause of death was opined
MAHESH DHANAJI SHINDE v. STATE OF
419
MAHARASHTRA [RANJAN GOGOi, J.]
as single hole firearm injury to the thorosic region,
A
although the exit wound was not found. Other
injuries to the mandible and verterbrae were caused
by a hard, blunt object. Although the appearance of
these injuries were similar to those caused by iron
bars, PW-76 could not affirm that iron bars alone
B
~aused the injuries due to the non-availability of
brain matter. Analysis of brain and brain matter
would reflect the impact of blows from an iron bar,
in the absence of which, PW-76 could not rule out
the possibility of the injuries due to fall.
c
DB 2 was of human male aged between 25 to 45
years and the person died 6 months before the
examination. He stated that all injuries expect the
gnawing marks were ante mortem & the probable
cause of death was the head injuries resulting into
D
the fracture of the skull & these injuries could have
been caused by a sharp cutting object.
DB 3 was of human male aged between 25 to 45
years and the person died 6 months before the
E
examination. He stated that all injuries were found
ante mortem & the probable cause of death was
fire arm injury to chest & fracture of skull leading to
head injury. Two injuries of circular holes on
posterior parts were caused by fire arm & rest of
F
the injuries by hard & blunt object.
DB 4 was of human male aged between 25 to 45
years and the person died 6 months before the
examination. He stated that all injuries expect the
gnawing marks were found ante mortem & the
G
probable cause of death was the head injury due
to fracture of the skull bone with blunt thorosic
trauma associated with multiple ante mortem
fracture. It was stated that all ante mortem injuries
could be caused by hard & blunt object.
H
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B
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DB 5 was of human male aged between 25 to 45
years and the person died 6 months before the
examination. He stated that all injuries could have
been caused by hard & blunt object & the cause of
death was head injury due to fracture of skull bone
with blunt thorosic trauma associated with multiple
ante mortem fracture.
DB 6 was of human male aged between 12 to 18
years and the person died 6 months before the
examination. An ante mortem injury of linear
fracture over the left aspect of frontal bone was
found & two post mortem injuries of broken styloid
processes (points of attachment for muscles) &
gnawing marks at left & right hands were found. The
cause of death was stated to be head injury as a
result of linear fracture of bone of left side.
DB 7 was of human female aged between 25 to
45 years & could have died 6 months before the
examination. All the injuries found were ante
mortem & the probable cause of death was fire arm
injuries to abdomen and pelvis with evidence of
multiple fracture of skull leading to head injury.
DB 8 was of human male aged between 25 to 45
years & could have died 6 months before the
examination. All injuries of fracture of right frontal
bone were found arte mortem caused probably by
a hard & blunt object & some gnawing injuries were
found post-mortem. The probable cause of death
was stated to be head injury resulting into fracture
of vault & anterior cranial fossa at the base of the
skull.
DB 9 was of human male aged between 18 to 20
years & could have died 6 months before the
examination. All injuries were found ante mortem &
MAHESH DHANAJI SHINDE v. STATE OF
421
MAHARASHTRA [RANJAN GOGOi, J.]
were caused by hard & blunt object. The cat1se of
A
injury was stated to be head injury resulting into
depressed communicated fracture of skull bone.
DB 10 was of human male aged between 25 to 45
years & could have died 6 months before the
B
examination. He opined that like DB 1 and 3, DB
10 had also suffered fire arm injuries, but he could
not opine as to what type of fire arm was used in
as much as it was a shot gun or rifle, but at the
same time it was noticed that no exit wound was
C
found on the skeleton.
'11. The prosecution has laid evidence to show that blood
samples of the relatives of some of the deceased persons
were collected as per prescribed guidelines and alongwith
some parts of the organs of the deceased were sent to the
D
CDFD at Hyderabad for DNA analysis. The report of Dr. S.
Pandurang Prasad, Senior Technical Examiner in the laboratory
(PW-107) to the effect that dead bodies 1, 2, 6, 7, 8 and 9 were
found to be that of deceased Shankar Sarage, Vijaysinha
Dudhe, Sanjay Mali, Anita Mali, Kerubha Mali and Rajesh Mali
E
was brought on record by the prosecution. In so far as DB-2 to
5 are concerned, the identity thereof could not be established
by DNA analysis as the specimens sent were found not to be
fit for a conclusive determination of the question. However, the
skulls of the DB-2 to 5 were sent for superimposition tests which
F
were carried out by PW-108, Ratna Prabha Gujarati. The
aforesaid witness had testified that the probability of her finding
being correct is almost 99% and the reliability of the
superimposition test technique is 91%. PW-108 had testified,
on the basis of superimposition tests, that DB-2 to 5 were of
G
deceased, Vijaysinha Dudhe, Dadasaheb Chavan, Sanjay
Gavare, and Bala Pisal respectively.
12. The prosecution has sought to establish the identity of
the dead bodies, additionally, on the basis of oral evidence. In
this regard, PW-66, Mohan Doke, brother of deceased Anita
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[2014] 3 S.C.R.
.A..
Mali, (DB-7) had identified the mobile phones, pieces of saree,
hair clips, brief case, wrist watch, gold rings, earrings along with
mangal sutra belonging to members of the Mali family which
were either recovered from the spot/place of occurrence or from
other persons who had come into possession of the same
B through the accused. In respect of DB-2 to 5, the identification
of the personal effects of the deceased were made by close
relations. Specifically, PW-97, Pradip Pisa!, brother of
deceased Vinayak Pisal (DB-5) had identified the clothes worn
by the deceased whereas PW-98, Vinayak Dinkar Chavan,
c brother of deceased Dadasaheb Chavan (DB-3) had identified
the clothes and chappals worn by the deceased as well as the
diary belonging to him. Similarly, PW-80, Smt. Jyoti Gavare,
wife of deceased Sanjay Gavare (DB-4) identified the clothes
recovered from the dead body as well as the rubber ring of the
D deceased worn by him around the waist. Similarly, DB-2 was
identified by PW-63-Fatehsingh Dudhe to be the dead body
of Vijaysinha Dud he ori the basis of the gaps in the central teeth
of the dead body and the personal effects of the deceased like
clothes, shoes, wrist watch etc. Similarly, the DB-1 wasidentified to be the dead body of Shankar Sarage by PW-119
E Parvati Shankar, the widow of the deceased. Such identification
was made on the basis of the clothes that the deceased was
wearing at the time he had left his home.
13. On the basis of the above evidence brought by the
F prosecution there can be no manner of doubt, whatsoever, that
the death of all the deceased persons except Hemant Thakre
(DB-10 - whose dead body could not be identified) was
homicidal and that DB-1 to 9 were of the deceased, (excluding
G
Hemant Thakre) as claimed by the prosecution.
14. The evidence of the relevant witnesses examined by
the prosecution in all the three cases to establish a possible
link and show a live nexus between the crime(s) committed and
the persons responsible therefor may now be taken note of.
· H
(a)
PW- 1, Ashok Nemalekar used to ply his auto-
MAHESH DHANAJI SHINDE v. STATE OF
423
MAHARASHTRA [RANJAN GOGOi, J.]
(b)
rickshaw in Malvan. He has deposed that on
A
14.11.2003 he ferried five passengers from Mayur
Lodge to the Village Panchayat Office at about
11.00-11.30 am. On the basis of the photographs
shown to him by the investigating team he had
identified four members of the Mali family i.e.
B
Sanjay Mali (DB-6), Anita Mali (DB-7), Kerubhai
Mali (DB-8), Rajesh Mali (DB-9) and the accused
No.2 Amit Ashok Shinde as his passengers.
PW-4 Smita is the wife of A-7. She had testified
that A-1 had lived in her house since his childhood
C
until he moved to Mumbai to ply auto-rickshaw.
Though he would visit her only once in a year during
Ganpati Festival (usually held in the calendar month
of August). A-1 had visited her in May, 2003 and
stayed with her for 15 days. Thereafter, again in
D
September, 2003 A-1, A-2 and A-3 stayed at her
home for 10 days. According to PW-4 during this
visit she could notice that the three accused would
go to the plateau (Nandos) ostensibly for hunting
though they never returned with any prey. This
E
witness had further deposed that A-1 and A-3
unexpectedly arrived at her house on 24.9.2003 at
about 1.30 a.m. and when A-7 (husband of PW-4)
had asked them why they had come at such an odd
hour A-1 replied that they had some urgent work.
F
According to PW-4 at about 9.30 a.m. in the
morning, A-1's mobile phone started ringing and A3 answered the same by saying "Bol Amit" (Amit
speak). Thereafter within half an hour A-1 and A-3
left for Katta in the Tata Sumo jeep by which· they
G
had come. According to PW-4, her daughter
Deepika had informed her that she had seen A-3,
lurking around her school, which is near the Nandos
Village Panchayat. A-3, on being asked what he
was doing in the vicinity of the school. had informed
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[2014] 3 S.C.R
Deepika that she must have seen somebody else
as he had not gone near the school. PW-4 further
deposed that A-3 left her house at about 6.00 p.m.
on 24.9.2003 followed by A-1 (around 7.00-7.15
pm) and they had returned at about 9.00 -9.30 p.m.
thoroughly drenched though it was not raining PW4 had further testified that the accused had asked
her to wash their clothes which she refused to do
at night.
PW-4 in her deposition had further stated that on
22.10.2003, A-1, his second wife Sonali, A-3 and a friend
of A-1, one Jeetu, visited her and stayed for two days. On
both the dates A-1 and A-3 had visited Katta. According
to this witness about 5 to 6 days thereafter and two days
after Diwali day of Bhaubeej A-1, Sonali, A-3 and A-6
came to her house where they were joined by A-2. Next
day, she saw A-1, A-2, A-3 and A-6 bathing near the well
and in the rear side of her house. She has further testified
that A-6 was suffering from a cut injury on his index finger
for which he had to be taken to a doctor who had put a
bandage on the injured index finger.
PW-4 has further testified that on 12.11.2003 A-1,
A-3, A-6 and Sonali had come to her house. On the next
day the accused persons left her house in the morning for
Katta and returned in the evening. On 14.11.2003 A-1, A3, A-6 left her house at about 10.00-10.30 A.M. and
returned around 3.00 P.M. with A2. Before entering the
house they had bathed near the well. Thereafter the
accused left her house on different dates.
G
(c)
PW-5 Sachin, who is the younger brother of A-1
had testified that he had transported some of the
victims in his auto-rickshaw at the request of A-1.
His testimony was, however, rejected by the learned
Trial Court on the ground that the same appeared
H
to be incredible.
MAHESH DHANAJI SHINDE v. STATE OF
425
(d)
(e)
(f)
MAHARASHTRA [RANJAN GOGOi, J.]
PW-8 Vined Deorukhkar is an employee of Mayur
A
Lodge, Malvan. He had testified that· on
14.11.2003, at about 7.00-7.30 am, one man, aged
about 40-45 years, one woman, aged about 30-35
years, two boys, aged between 8 to 10 years, and
one man, aged about 28-30 years, reached Mayur
B
Lodge. They were allotted room no.6. When they
were asked their names, the man aged 28-30
years came forward and introduced himself as Anil
Jadhav; thus, the entry "Anil Jadhav and family" was
made in the register. They left their room at 9.00 c
am that day for a walk and returned at 11.00 am.
Shortly thereafter, they informed that they would be
leaving the hotel. At that time, PW-8 noticed that the
man, aged about 45 years, was carrying a medium
sized, grey suitcase/briefcase. He identified
0
Karubhai Mali's briefcase as the one carried by the
man, before the Court. PW-8 also identified A2 as
the man who disclosed his name as Anil Jadhav.
He identified the Mali family from photographs
shown to him in Court.
PW-9 Appa is the Manager of Pallavi Lodge at
Kankavli. The lodge register which was exhibited
(Exh.-89) showed that on 29.10.2003 five persons
including one Amit Shenoy occupied room No. 5 of
E
the lodge. This witness recognized A-2 as the
F
person who called himself as Amit Shenoy. This
witness identified the other four persons from the
photographs shown to him and deposed that they
had left the room on the next day i.e. 30.10.2003
at about 9.00 a.m. The persons identified by him
G
from the photographs are the deceased Vijaysinh
Dudhe (DB-2), Dadasaheb Chavan (DB-3), Sanjay
Gavare (DB-4) and Bala Pisal (DB-5).
PW-10 Yogesh Dhake had testified that deceased
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[2014] 3 S.C.R
Dadasaheb Chavan, whose diary was found by the
police, and Vijaysinh Dudhe (DB-3 and DB-2) had
insisted on their being given a sum of Rs. 3,00,000/
- promising that they would return Rs. 6,00,000/-.
According to this witness on 28.10.2003 he gave
a sum of Rs. 3,10,000/- (which he had collected
from another customer for investment purpose) to
the aforesaid two persons and one Sanjay Gavare
(DB-4) who was also known to him. This witness
has also testified that he was introduced to Vinayak
Pisal (DB-5) and Accused No. 2. All the aforesaid
persons told him that they would leave for Kankavli
at 11.30 p.m. According to this witness on the next
day deceased Dadasaheb Chavan called to inform
him that they had reached Pallavi Lodge and that
he could be reached on a different mobile number
which turned out to be that of A-2.
(g)
PW-12 - Dipak Kumar who was working as a
Booking Clerk of Sarvottam Tours and Travels had
deposed that A-2 whom he knew by name had
booked 5 tickets for the journey on 13.11.2003 from
Borovili to Malwan and that at Varshi one male
person, one female and two children along with A2 had boarded the bus.
(h)
PW-14- Jagan Patil, was a friend of Bala @
Vinayak Pisal (DB-5). PW-14's evidence shows
how, under the guise of "money shower" he was
duped Rs 3 lakhs. He had gone with another sum
of Rs.3 lakhs for 'money shower' for the second
time but he was sent back by the accused. This was
due to the fact that he had gone to Nandos in a
private vehicle instead of using public transport as
advised by the accused.
(i)
PW-15 Amit Patel is the son of the owner of the
Konkan Plaza Hotel at Kankavli. He testified that he
MAHESH DHANAJI SHINDE v. STATE OF
421
MAHARASHTRA [RANJAN GOGOi, J.]
used to maintain the hot~I register. The hotel
A
register which was exhibited (Exh-120) indicated
that deceased Shankar Sarage (DB-1) and Hemant
Thakre (DB-10) and one Samir Sonavane had
arrived at the lodge on 25.09.2003 (1.00 A.M.) and
stayed in room No. 5. The evidence of PW-104
B
Dipak Wagle (handwriting expert) is to the effect
that the handwriting in the register was in the hand
of A-2. (From the above it is evident that A-2 had
used a fake name i.e. Samir Sonavane to sign the
register)
c
Q)
PW-17 Subhash Chalke testified that he had given
Rs.