Vijay Ramchandra Thopate vs D.C.B. Cid on 19 October, 2010

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Vijay Ramchandra Thopate vs D.C.B. Cid on 19 October, 2010

Text of Vijay Ramchandra Thopate vs D.C.B. Cid on 19 October, 2010

  • Bombay High CourtVijay Ramchandra Thopate vs D.C.B. Cid on 19 October, 2010Bench: B.H. Marlapalle, Anoop V.Mohta 1 cri-appeal-864-00

    pdp

    IN THE HIGH COURT OF JUDICATURE AT BOMBAY

    CRIMINAL APPELLATE JURISDICTION

    CRIMINAL APPEAL NO. 864 OF 2000

    1.Vijay Ramchandra Thopate )

    2.Ganpat Bhikaji Bamane )

    both permanent residents of )

    Mumbai, presently in judicial )

    custody at Yerawaqda Central )

    Prison, Pune. )..APPELLANTS

    (Org.Accd.Nos.2 and 6)

    Versus

    The State of Maharashtra through )

    Vijay Ramchandra Thopate vs D.C.B. Cid on 19 October, 2010

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  • D.C.B. CID, Mumbai. )..RESPONDENT

    WITH

    CRIMINAL APPEAL NO.132 OF 2001

    The State of Maharashtra )..APPELLANT

    Versus

    1.Raju Umakant Baje, aged about )

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    29 years, R/o.Room No.17, )

    Maheshwari Mandir Vasahat, Sai )

    Baba Marg, Parel, Mumbai-12. )

    2.Sanjay Baban Devkar, )

    Aged about 29 years, )

    R/o. Plot No.556, Sai Nath Wadi, )

    Thane Belapur Road, Airoli, )

    Vijay Ramchandra Thopate vs D.C.B. Cid on 19 October, 2010

    Indian Kanoon - http://indiankanoon.org/doc/991728/ 2

  • New Mumbai, District Thane and ig )

    Bagubai Chawl, R.No.1, Old Kurla )

    Road, Kurla, Mumbai-400 070. )..RESPONDENTS

    (Org.Accd.Nos.5 and 8)

    Mr. Sayaji D. Nangre, Mr. Ranjeet M. Pawar and Mr. Sameer Nangre for the Appellants in Appeal No.864 of 2000. Mr. P.S. Hingorani, APP for State in Appeal No.864 of 2000 and for Appellant in Appeal No.132 of 2001.

    Mr. Sudeep Pasbola with Mr. Rahul Arote, for respondent No.2 in Appeal No.132 of 2001.

    CORAM : B.H. MARLAPALLE &

    ANOOP V. MOHTA, JJ.

    RESERVED ON: 9TH AUGUST, 2010

    PONOUNCED ON: 19TH OCTOBER, 2010

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    JUDGMENT (PER SHRI B.H. MARLAPALLE, J.):

    1. Both these Appeals arise from the order of conviction and sentence passed on 25th July, 2000 inSessions Case No.526 of 1997.

    Vijay Ramchandra Thopate vs D.C.B. Cid on 19 October, 2010

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  • By the said order all the accused came to be acquittd under Section 120B of the I.P.C., and accusedNo.1-Arun Ananda Londhe, accused No.2-Vijay Ramchandra Thopate and accused No.6-GanpatBhikaji Bamane have been convicted for the offences punishable under Sections 143 and 147 of igI.P.C., accused Nos.2 and 6 have been convicted for the offences punishable under Sections 144, 148and 302 of I.P.C., accused No.6 has been convicted for the offence punishable under Section 307 ofI.P.C., accused No.1 has been convicted for the offence punishable under Section 302 read withSection 34 of I.P.C.

    Accused Nos. 1 and 2 are convicted for the offence punishable under Section 307 read with Section34 of I.P.C., accused Nos. 2 and 6 are convicted for the offence punishable under Section 27 of theArms Act, accused No.1 is acquitted for the offence punishable under Section 27 of the Arms Act,accused Nos. 2 and 6 are also convicted for the offence punishable under Section 135 read withSection 37(1)(a) of the Bombay Police Act, accused Nos. 3, 5, 7,8 and 9 are acquitted for the offencepunishable under section 302 read with Section 34 of I.P.C. They are cri-appeal-864-00 furtheracquitted for the offence punishable under Section 307 read with Section 34 of the I.P.C., accusedNos. 1, 2, 5 and 8 are acquitted for the offence punishable under Section 25(1-B) (a) read withSection 3 of the Arms Act and the accused No.1 is acquitted for the offences punishable underSection 144, 148 and 302 of the I.P.C. and under Section 135 read with Section 37(1)(a) of theBombay Police Act.

    Criminal Appeal No. 864 of 2000 has been filed by accused no.2 and accused no. 6 and both of themare in jail as at present. Whereas, Criminal Appeal No. 132 of 2001 has been filed by the State ofMaharashtra against the acquittal of accused nos.5 and 8.

    During the pendency of these appeals, accused no. 5 - Raju Umakant Baje died and hence CriminalAppeal No.132 of 2001 has abated against him.

    2. Dr.Dattatraya Narayan Samant, popularly known as Dr.Datta Samant and a well known TradeUnion Leader was assassinated on 16th January, 1997 near his house, while he was traveling in hisTata Sumo Jeep and the complainant Shri Bhimrao Sonkamble, P.W.15 was the driver of the saidjeep. As per the prosecution case Dr. Samant had a bungalow by name Sundar Narayan Niwas atPadmavati Road, I.I.T. Powai, Mumbai-76. At about 11.10 cri-appeal-864-00 a.m. he came out of thebungalow, sat in the jeep bearing No.MH-03-

    H-2814 and proceeded towards his Pant Nagar office. When the jeep crossed the distance of about300 meters from his bungalow the driver was constrained to stop the vehicle immediately as oneperson pulled the bicycle in the middle of the road and dropped it in front of the jeep.

    The said person took position by the road side and two other persons came near him on the left sideof the jeep. There were two persons on the right side of the jeep and all these four persons had firearms in their hands. The persons on the right side of the jeep fired the bullet shots first and followedby others. There was continuous firing by the assailants. When they stopped firing the complainantcould see that Dr. Samant was lying injured on the rear side seat and the complainant had alsosustained injuries. He got down from the vehicle and started running towards Dr. Samant's

    Vijay Ramchandra Thopate vs D.C.B. Cid on 19 October, 2010

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  • bungalow, but he fell down on the road because of giddiness. The driver was removed and taken tothe Rajawadi hospital by the police, whereas Dr. Datta Samant was taken to Aniket Nursing Homein the same jeep by his son Bhushan Samant.

    The Nursing Home was owned by Dr. Prakash Samant. Dr. Samant was declared dead in AniketNursing Home by the attending doctors.

    cri-appeal-864-00 The statement of the complainant was recorded by the police on 16th January,1997and C.R. No.21 of 1997 came to be registered with Sakinaka Police Station against 4 unknownpersons for the offences punishable under Sections 302, 307, 341 read with Section 34 of the I.P.C.,and Sections 3, 25 and 27 of the Arms Act. The complainant's supplementary statement wasrecorded on 17th January, 1997. The Police Inspector Mr. Landge, Police Inspector Thakur andother officers of the Sakinaka Police Station visited the spot on the same day and drew spotpanchnama at Exhibit 151. There were dry blood spots on the road and broken glass of windowpanes of the jeep and 8 empty cartridge of fire arms which were seized from the spot. Out of these 8cartridges found on the spot, 3 were 9 m.m., and the remaining 5 were 7.65 m.m. Police also visitedthe bungalow by name Gautam Niwas near the spot of incident and recovered one bullet which hadpassed through an iron sheet and fallen on the ground. The spot panchnama was completed at about16.10 hours. The Police also inspected the Tata Sumo jeep at Aniket Nursing Home and during theinspection they found that the left side window panes were broken and blood stains were also foundon the flooring of the vehicle and four 9 m.m., empty cartridges were also recovered and seized fromthe said cri-appeal-864-00 vehicle.

    3. Inquest panchnama of the dead body was drawn at Aniket Nursing Home and in the presence oftwo panchas at Exhibit 140 and as many as 19 injuries were noticed on the dead body. The deadbody was removed to J.J. Hospital for postmortem. The clothes of the complainant were seized bythe police during the course of investigation under panchnama at Exhibit 205. The postmortemexamination was conducted by Dr. Ashok Shinde (PW 6) of Police Hospital, Nagpada and beforestarting the postmortem he had taken out x-rays of the wounds. During the course of thepostmortem he found 11 fire arms entry wounds and 6 fire arms exit wounds in addition to the otherwounds found on the dead body and 4 bullets were retrieved from the dead body. One deformedlead piece and deformed copper piece was also retrieved from the dead body. Statement of witnessescame to be recorded by the Sakinaka Police officers and further investigation was handed over to theD.C.B., C.I.D., by the Commissioner of Police.

    Thereafter the investigation was taken over by Mr. T.R. Chavan (PW

    68), Senior Police Officer. The blood samples as well as empties recovered from the spot and TataSumo jeep were sent to the Chemical cri-appeal-864-00 Analyzer along with the blood stainedcloths