Bombay HC Upholds Life Sentence For Gangster Arun Gawali In The Murder Of Shiv Sena Corporator [Read Judgment]

Gawali was convicted under Section 302 of the Indian Penal Code and various sections of the Maharashtra Control of Organized Crime Act, 1999 and sentenced to life.

A division bench of Justice BP Dharmadhikari and Justice Swapna Joshi in a 253-page judgment dismissed appeals filed by all the accused except four accused who were acquitted under the stringent MCOCA but convicted for murder.

The 60-year-old Gawali who is currently lodged at Taloja Central prison was convicted for Shiv Sena corporator Kamlakar Jamsandekar's murder in 2012 by a Special Court established under the MCOC Act. Gawali was arrested in 2008 in relation to the case and has been in jail since.

Case Background

According to the prosecution, Kamlakar Jamsandekar, a sitting corporator was shot dead in his house by two unidentified persons on March 2, 2007. The two shooters were hired by associates of Arun Gawali who was the then sitting MLA of Akhil Bhartiya Sena and head of an organized crime syndicate (ie.ABS). Kamlakar Jamsandekar was shot dead by accused Vijaykumar Giri with a country made hand gun and the supari, ie. contract to eliminate Jamsandekar of Rs.30 lakh was given by accused Sahebrao Bhintade and Bala Surve through Pratap Godse and Ajit Rane, also accused in the case.

Accused Ajit Rane, who was the nominee of Akhil Bhartiya Sena, had contested the election for Municipal Corporator against Jamsandekar and lost. This fuelled Rane's grudge against the deceased and he gave the contract for killing his former opponent.

The murder weapon was recovered from three of the accused from Kalbadevi area while they were caught attempting to commit dacoity on April 26, 2008.

Initially, here were a total of 21 accused in the case out of which four were discharged and three were acquitted. One of the accused, Bala Surve died during pendency of trial.

Judgment

The deceased's wife Komal pointed out in her statement that her husband Kamlakar was against encroachments and unauthorized erection of huts. Another close associate of Kamlakar's Bane pointed out that the accused Sahebrao was unfriendly with the deceased after 1997. Deceased apprehended danger to his life from Sahebrao. There were political differences between the two since 2002. It was also alleged that the deceased developed high blood pressure due to Sahebrao Bhintade's fear.

Court also referred to the call detail record of all the accused in the case. After examining all the statements of witnesses and accused on record, Court observed-

"As we have found the confessions voluntarily made, consistent with each other & sufficient corroboration (though not necessary) in support from other material on record, the same can be used to the detriment of all participating accused. But then none of the confessions bring on record knowledge with accused 2 to 5 or information to them that they were hired by an organized crime syndicate by name Akhil Bhartiya Sena or by accused no. 1 Arun Gawali or that the payment was being made by ABS. On the contrary, the accused 2 to 5 appear to be under impression that accused 10 Babu ie Shrikrishna is paying them."

Thus, the four accused were acquitted under MCOCA but their conviction under Section 302 was upheld.

Dismissing Gawali's appeal, Court observed-

"Material on record shows existence of an association or an organization by name Akhil Bhartiya Sena (ABS). Accused 1 Arun Gawali is its founder & head, & was elected as MLA with banner of ABS. This organization or syndicate had an office within Mantralaya when accused 1 was an MLA and also at Dagadi chawl.

The involvement of accused 1 Arun Gawali in the murder of Kamalakar Jamsandekar has been proved by the prosecution beyond reasonable doubt. Similarly, fact that he is leader of organized crime syndicate and party to CULA stands established. Hence, his conviction cannot be faulted with because accused 11 has been acquitted by the Special Court."

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