Subhash Harnarayanji Laddha À. ... vs State Of Maharashtra À. Respondent

It was further alleged that she was informed by her husband that the deal was settled with a person named Suresh Deshmukh (PW25) and he had given a sum of Rs.75,000/- by way of earnest money and in that view of the matter she suspected that Accused No.1 might have abducted her husband and kept him confined to some place or might have caused danger to his life in order to grab the amount received by him on the basis of the said forged general power of attorney.

On the basis of the said report, a First Information Report was registered by the police under Section 364 IPC.

In the meanwhile a dead body was found by the officers of Police Station Bhaisdehi, Madhya Pradesh. A First Information Report was also recorded by the officer of the said Police Station. Information with regard to the dead body was received by the officers of Police Station Civil Lines, Akola on 22.10.2000. On the next day, i.e., on 23.10.2000 PW38 Kaushalyabai along with others went to Police Station Bhaisdehi and on the basis of the articles purported to have been found on his dead body as also the photographs of the dead body, she identified it to be that of her husband Yadav Nawkar.

A charge-sheet thereafter was filed by the Police Officer incharge of Akola Civil Lines Police Station. In the charge-sheet Accused No.1 was alleged to have committed crime under Sections 364, 302, 201, 420, 467, 468, 471 read with Section 34 IPC and Accused Nos.2 to 4 have committed crime under Sections 420, 467, 468, 471 read with Section 34 IPC. The statement of PW1 was recorded under Section 306 of the Code of Criminal Procedure after grant of pardon to him on 26.12.2001. Initially charges were not framed against Accused Nos. 2 to 4 under Sections 302 and 102B of the Indian Penal Code against the appellants but later the same were altered by an order dated 20.7.2004.

The prosecution, in support of its case, examined 49 witnesses. We are, however, concerned with the evidence of those witnesses only, namely, PW 1 Ajay Galat who became the approver; PW25 Suresh Deshmukh in whose presence the purported agreement to sell (Article L) dated 16.5.2000 was executed; and PW38 Kaushalyabai who was the complainant.

The case of the prosecution, to some extent, may be held to have been proved, namely, Accused No.1 in collaboration with Accused No.5 forged the general power of attorney and he, relying on, on the basis thereof executed a deed of sale in favour of Accused Nos.2 to 4. Prior thereto an advertisement was published in the newspaper and a sum of Rs.9 lakhs in cash was received by Accused No.1 from the appellants herein and out of the said sum he deposited a sum of Rs.8 lakhs in different banks. His involvement in the murder of the deceased is also not in dispute. The identity of the dead body is also not in dispute before us. The mode and manner in which the deceased has been done away with is also accepted. The role played by the approver Accused No.1 may not also be of much significance for our purpose.

We may also notice that even the investigating officer did not consider it appropriate to charge the appellants herein for commission of murder of the deceased or they being party to the conspiracy. As noticed hereinbefore only in 2004 the charges against the appellants were amended. For the reasons stated above we are of the opinion that the appellants herein are entitled to benefit of doubt. The appeals are allowed and the impugned judgment of conviction and sentence is set aside. The appellants shall be set at liberty forthwith unless wanted in connection with any other case.