TaxTMI 
TaxTMI 
2022 (9) TMI 1692
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....se runs as under : 2.1 Rahul Shetty (deceased) was the husband of Smt. Saumya Shetty (the first informant). They were residing at House No. 61, Near Gupta Sweet Home, Jaichand Chowk, Lonavala, along with their son Daksh. Rahul was involved in political activities. He was a former President of the Lonavala Town Unit of Shivsena. 2.2 The prosecution case proceeds on the premise that on account of political activities and other dealings, relations of Rahul with a number of persons assumed inimical proportion. Broadly, it is alleged, the accused No.1 Suraj had inimical relations with Rahul on account of political rivalry, which was fostered since the defeat of first informant Soumya in a process to fill the vacancy of a co-opted member of Lonavala Municipal Council. 2.3 Deepali Rahul Bhilare (Accused No. 2) allegedly had a romantic relationship with Rahul. However, on account of the resistance by the family members of Rahul, the desire of Accused No. 2 to marry Rahul could not fructify. As Rahul eventually broke up with Accused No. 2, she had a grudge against Rahul. 2.4 It is further alleged, the deceased Rahul had developed illicit relationship with the wife of Rashid Inam....
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....mdar (Accused No. 4) came to be arrested on 23rd November, 2020. In all nine accused came to be arrested. As the investigation revealed the complicity of the Applicants and the co-accused, charge sheet came to be lodged for the offences punishable under Sections 120B and 302 read with Section 34 of the Penal Code and Sections 3 and 4 read with Section 25 and 27 of the Arms Act, 1959. 3. The Applicant - Accused No.1 has preferred this Application contending inter alia that he has been roped in on the basis of mere surmises and conjunctures. Neither there is material to show that the Applicant participated in the actual assault, nor any overt act is attributed to the Applicant. The allegations of the Applicant having hatched the conspiracy to kill the deceased is not at all borne out by the material collected during the course of investigation. Reliance by the prosecution on the alleged facebook conversation between the deceased and Sagar Rathod is stated to be wholly untenable as there is no material to show the retrieval of the data by the Investigating Officer. Nor a certificate under Section 65B of the Indian Evidence Act, 1872 is produced. In any event, as the investigation i....
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....ent of the Applicant, even in the alleged conspiracy is firmly ruled out. Nothing has been recovered at the instance of the Applicant. The alleged conversation on facebook between the deceased and Sagar Rathod is of doubtful character. There is no material which lends an element of credibility to the authenticity and genuineness of the transcript of the conversation, which the investigating agency presses into service. Further allegation of the prosecution that Sagar Rathod came to be kidnapped leading to registration of another offence against the Applicant, post arrest of the Applicant, is with a view to bolster up the instant false case against the Applicant. 9. Mr. Nikam made an endeavour to assail the authenticity and genuineness of the letters dated 5th October, 2019 and 22nd October, 2020 allegedly addressed by the deceased expressing apprehension of harm at the instance of the Applicant and the co-accused. It was submitted that the letter dated 22nd October, 2020 was not at all addressed by the deceased, and, even otherwise, it can be said to have been addressed to take undue advantage of the situation, post the registration of the offences under the Arms Act, vide C.R.N....
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.... of the law enforcement authorities as late as four days prior to the occurrence. There are witnesses including the wife and sister of the deceased, who have specifically adverted to the repeated threats given to the deceased, which the latter had related to them. 14. In a case of this nature, the material in the form of the acts of the accused prior to, at the time of, and subsequent to, the occurrence assume significance in inferring the existence of criminal conspiracy. Therefore the submissions on behalf of the Applicants that there is no direct evidence, is of no significance, submitted Mrs. Pai. 15. I have given anxious consideration to the rival submissions. To begin with, the prosecution does not allege that the Applicants - Suraj and Kadar were the assailants. Allegedly, they are the main confederates in the conspiracy to eliminate the deceased. 16. It is trite conspiracy is hatched in secrecy. It is executed in darkness. It is rarely possible to establish the conspiracy by direct evidence. Often, both the existence of the conspiracy and its objects are matters of inference to be drawn from the circumstances and the conduct of the accused before, at the time, and ....
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.... had approached Sagar Rathod to kill the deceased and, upon his refusal, a contract to kill has been given to two persons from Mumbai. Since 15 days prior to the said letter, the deceased felt that he was being pursued again and, therefore, expressed an apprehension that he would be killed by Suraj - Accused No.1, Deepali - Accused No. 2 and Mubin - Accused No. 3 by hiring contract killers. 20. At this juncture, it would be contextually relevant to note that the purport of the transcript of the facebook chat between the deceased and Sagar Rathod is that the latter was approached by Suraj - Accused No. 1 to kill the deceased. Though co-accused Rashid Inamdar - Accused No. 8, Mubin Inamdar - Accused No. 3, Kadar Inamdar - Accused No. 4 and Deepali Bhilare - Accused No.2 were also involved in the plot, Suraj Agarwal - Accused No.1, was the principal conspirator. Two country made fire arms were procured by Suraj Agarwal - Accused No.1 with the assistance of Sadiq Bangali - Accused No. 5, allegedly a notorious history sheeter. Sagar Rathod claimed that, after the identity of the deceased was disclosed as the person to be killed, he backed out. Sagar Rathod demanded money from the dec....
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....d 22nd October, 2020 can be construed as a statement made by the deceased as to the circumstances of the transaction which led his death. However, element of proximity is prima facie made out. 25. The learned Counsel for the Applicants attempted to explain away the repeated telephonic conversations between the Applicants inter se, and with the coaccused as a routine conversation between the persons who are otherwise related to or acquainted with each other. At this stage, it would be suffice to note that it appears that there were multiple conversations especially between the Applicants - Suraj and Kadar, and Suraj and Deepali Bhilare - Accused No.2. On the day of the occurrence also, apparently there were conversations between the Applicants - Suraj and Kadar. There is further material to show that the Applicant Kadar appeared to have had telephonic conversations with the principal assailant - Ibrahim Khan - Accused No.7. Likewise, co-accused Mubin - Accused No.3 allegedly had telephonic conversations with Ibrahim Khan - Accused No. 7. 26. The aforesaid material, prima facie, lends support to the statements of Saumya Shetty, the first informant, and Ms. Seema Dalvi, the sist....