LexMAHESH DHANAJI SHINDE versus STATE OF MAHARASHTRA
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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
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