text:
(Ori. Accused Nos.4 & 5)
Shri. N.V. Gaware Advocate for Appellants.
Shri. V.D. Godbharle, A.P.P. for Respondent.
Tq-Rahuri, Dist-Ahmednagar,
5) Kishor Bhausaheb Lokhande,
Age-31 years, R/o-Malunja Kd.,
Mahaduk Center, Tq-Rahuri,
6) Brahmanand Vitthal Kobarne,
Age-20 years, R/o-Ganegaon,
Tq-Rahuri, Dist-Ahmednagar,
7) Narayan Sahebrao Ghadge,
Age-18 years, R/o-Kangar,
Tq-Rahuri, Dist-Ahmednagar,
Tq-Rahuri, Dist-Ahmednagar,
9) Nitin Ashok Shejwal,
Age-25 years, R/o-Bhimnagar,
Shri. V.D. Godbharle, A.P.P. for Applicant.
Shri. V.D. Sapkal Advocate with Satej S. Jadhav Advocate
7, 8 and 9 were acquitted of offence under Section 114 read with 302 read with 34 of I.P.C.
. Accused Nos.3, 4, 10, 11 and 12 were acquitted of offence under Section 3 read with 25 of the Arms
The Judgment Para 75 shows that the Court was not finding accused No.6 guilty, but formal order
appears to have slipped in the final order.
. Thus, these Appeals by convicted accused and the Application by State.
2. Case of the prosecution in brief can be stated to be as under:(A) Complainant PW-3 Sampat Balkrishna Musmade was residing at Deolali Pravara, Tq-Rahuri,
Dist-Ahmednagar, doing milk business. One of his brothers was Ashok Balkrishna Musmade
(hereinafter referred as cria677.12 "deceased Ashok"). Villagers decided that sugarcane fodder i.e.
leafy head of sugarcane (known as "WADHE" in Marathi) will not be sold outside the village. On 2nd
March, 2010 at about 8.30 p.m. one tempo bearing No. MH-17-T-8623 was stopped by the
complainant along with PW-18 Vijay Walunj, PW-20 Vijay Yeole, PW-21 Bababasaheb Yeole and
others, which was carrying the fodder. The driver and cleaner were made to unload the fodder
bundles. They unloaded 200-300 bundles of "WADHE". The driver phone called accused No.3
Balasaheb Varkhade and he came there along with accused No.1 Abasaheb Varkhade, No.2 Sunil
Varkhade, No.4 Prasad @ Pappu Borase, No.5 Lakhan Salunke and son in law of accused No.3
Balasaheb, namely, Kishor Lokhande, the accused No.6. These persons told complainant and others
that the tempo belonged to the son in law of accused No.3 Balasaheb. At that time, there was
exchange of words. Accused No.3 Balasaheb then made phone call to one Kalu Barde, Bhishya Barde
and Bapu Gaikwad and called them. Those three persons threatened the complainant and others.
Then Kalu Barde rang up one Kishor Barde informing that there is quarrel in Khande lane. Then the
accused and the persons called by them left.
. At about 10.00 p.m. complainant and others were at Khande lane square and at that time
Dattatraya Bhagwan Yeole (hereinafter referred cria677.12 as "deceased Dattatraya") and deceased
Ashok came there and asked as to what happened. They were told regarding the incident which took
place at 8.30 p.m. Both the deceased told complainant and others that accused No.3 Balasaheb is
known to them and they will go to his house and explain, so that quarrel does not take place again.
Then both of them went on Boxer motorcycle bearing No. MH-17-3849 towards "VASTI" i.e.
residence of accused No.3 Balasaheb Varkhade. Complainant waited for some time and then phone
called both the deceased but their phones were switched off. As both the deceased did not return, in
the night at about 1.00 a.m., complainant along with others went out for search on two motorcycles.
They went to the house of accused No.3 Balasaheb but there was nobody at his house. They kept
searching the whole night but did not find both the deceased. In the morning, they again went to the
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house of accused No.3 Balasaheb, but it was locked. Then complainant along with others, went to
Deolali Pravara Out Post so as to file missing report but at that time police received phone that in
the water canal near Chothe Vasti, a body has been found. Complainant went there and saw that
body of deceased Dattatraya was there. The same was taken out with the help of the people and
police. Dattatraya appeared to have been killed by shot of pistol on chest. He also had injury on head
by sharp weapon. Thereafter nearby dead body of deceased Ashok was also found in the canal. He
also appeared to have been killed by firing from pistol cria677.12 near the right eye on the head.
. After this, the complainant Sampat filed F.I.R. Exhibit 120 at Crime No.I-69 of 2010 at Rahuri
Police Station on 3rd March 2010 at 15.20 hours, making allegation that accused Nos.1 to 6 had
committed the murders by sharp instrument and by firing from pistol.
(B) F.I.R. was registered by PW-25 Police Naik Bhagirath Gorde.
P.I. Bagwan went to the spot and between 3.25 p.m. to 5.15 p.m., did inquest panchnamas of both
the deceased (which are at Exhibit 133 and 134). He prepared spot panchnama Exhibit 75 between
5.35 p.m. to 6.35 p.m. The dead bodies were sent for postmortem. In the course of spot panchnama
four empty cartridges were seized. There was blood on the spot and simple mud as well as mud
mixed with blood were seized. Samples of blood were picked up from the wall of the canal. Accused
No.4 Pappu and accused No.5 Lakhan came to be arrested. Statements of witnesses were recorded.
. Postmortem of deceased Ashok was done vide Exhibit 117 and of deceased Dattatraya vide Exhibit
(C) On 4th March 2010, clothes of both the deceased were seized cria677.12 as per panchnama
Exhibit 140.
(D) Investigating Officer received information that accused No.1 Abasaheb and No.3 Balasaheb were
at Pune and accordingly A.P.I. Pathan (PW-26) was given written directions to go and arrest them
from Pune.
PW-26 A.P.I. Pathan found accused No.1 Abasaheb at Pune and Abasaheb was arrested and
produced before PW-27 P.I. Bagwan. Clothes worn by accused No.1 Abasaheb were also seized.
Accused No.3 Balasaheb was arrested at Rahuri.
(E) Accused No.1 Abasaheb while in custody, gave discovery of pistol used at the time of incident.
PW-26 A.P.I. Pathan was given directions by the Investigating Officer and he went along with
accused No.1 Abasaheb to Wadgaon Pan village to house of one Pandit Thorat. The pistol was not
found below the staircase as was told by accused No.1 Abasaheb. PW-4 Rambhabai, mother of
Pandit Thorat, said that she had thrown the same making a bundle, in the well near the Toll Naka.
Pistol was seized from the well. It transpired in investigation that accused Nos.6 to 8 had helped
accused No.1 Abasaheb and they were also arrested. It was revealed that the pistol was purchased
from Shirdi from accused No.10 Nitin, No.11 Dinesh and No.12 Ekbal. These persons were also
arrested. During interrogation, cria677.12 accused No.1 Abasaheb informed that motorcycle of
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there is evidence to show that the spot where the dead bodies were found, there itself motorcycle of
deceased Ashok was found and the ash colour pant, tried to be connected with accused No.1, was
also lying there. There is record to show that P.I. Bagwan gave directions to A.P.I. Pathan directly
telling him as to where the pistol or motorcycle is and thereafter the discoveries were shown, which
are not really discoveries under the law and thus cannot be read as circumstance against accused
persons. The number recorded on the pistol which was recovered and number recorded on the pistol
which was examined by the Ballistic Expert, does not match and the accused are entitled to benefit
of doubt. It is unlikely that even after two days of the incident, the accused No.1 would have been
wearing same blood stained clothes although he had travelled to Pune. Thus, according to the
accused, there is no case for Appeal against accused persons who have been acquitted, and even the
cria677.12 accused persons who have been convicted, deserve to be acquitted.
. The learned counsel for the accused relied on the case of Ram Kishan Singh vs. Harmit Kaur and
another, reported in A.I.R. 1972 Supreme Court, Page 468, where it has been observed that
statement under Section 164 of Cr.P.C. is not substantive evidence and it can be used only to
corroborate the statement of the witness or to contradict him. Reliance has also been placed on the
case of R. Shaji vs. State of Kerala, reported in A.I.R. 2013 Supreme Court, Page 651. Relevant
portion of Para 14 and Para 15 and 16 are as under:
"14. Evidence given in a court under oath has great sanctity, which is why the same is
called substantive evidence.
Statements under Section 161 Cr.P.C. can be used only for the purpose of
contradiction and statements under Section 164 Cr.P.C. can be used for both
corroboration and contradiction......"
"15. So far as the statement of witnesses recorded under Section 164 is concerned, the
object is two fold; in the first place, to deter the witness from changing his stand by
denying the contents of his previously recorded statement, and secondly, to tide over
immunity from prosecution by the witness under Section 164. A proposition to the
effect that if a statement of a witness is recorded under Section 164, his evidence in
Court should be discarded, is not at all warranted. (Vide: Jogendra cria677.12 Nahak
and Ors. v. State of Orissa and Ors. AIR 1999 SC 2565:
(1999 AIR SCW 2736); and Assistant Collector of Central Excise, Rajamundry v.
Duncan Agro Industries Ltd. and Ors.
"16. Section 157 of the Evidence Act makes it clear that a statement recorded under
section 164 Cr.P.C. can be relied upon for the purpose of corroborating statements
made by witnesses in the Committal Court or even to contradict the same. As the
defence had no opportunity to cross-examine the witnesses whose statements are
recorded under Section 164 Cr.P.C., such statements cannot be treated as substantive
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. Relying on the above reported Judgments, the learned counsel insisted that statements under
Section 164 of Cr.P.C. could not have been used in the manner in which trial Court had done to
impose conviction.
. As regards discovery, the learned counsel for accused relied on the case of Makhan Singh vs. State
of Punjab, reported in A.I.R. 1988 Supreme Court, Page 1705. Para 14 of the said Judgment is as
"14. Then we are left with the recovery of the dead bodies.
Investigating Officer S.I. Puran Singh (PW-8) admitted in cross- examination that
after recording the statement of Amrik Singh he could not know the correct place
where the bodies and other articles were kept buried and concealed. This clearly
indicates that he could get some information from the statement of Amrik cria677.12
Singh. As seen earlier, the field is an open place surrounded by other fields and
according to Nihal Singh the adjacent field is his own as he had taken it on lease and
therefore it cannot be said that any one else could not have known about the bodies
being buried in the field. The Investigating Officer himself admitted that after
recording the statement of Amrik Singh he knew that the bodies were buried in the
field but he felt that information was not sufficient. It cannot therefore, be said that
the place from where the bodies recovered was such a place about which knowledge
could only be attributed to the appellant and none else. Since the exclusive
knowledge to the appellant cannot be attributed, the evidence under Section 27 also
cannot be said to be a circumstance against the appellant."
. The learned counsel for accused relied on recent Judgment of Hon'ble Supreme Court in the matter
of State (N.C.T. of Delhi) vs Navjot Sandhu, reported in A.I.R. 2005 Supreme Court, Page 3820(1).
In this matter Hon'ble Supreme Court while dealing with Section 27 of the Evidence Act, referred to
the land-mark decision in the matter of Privy Council in Pulukuri Kotayya vs. Emperor, A.I.R. 1947
P.C. 67. With reference to "discovery of fact" as referred in Section 27, Hon'ble Supreme Court
observed in Para 13 as under:
"We are of the view that Kotayya's case is an authority for the proposition that
'discovery of fact' cannot be equated to the object produced or found. It is more than
that. The discovery of fact arises by reason of the fact that the information given by
the cria677.12 accused exhibited the knowledge or the mental awareness of the
informant as to its existence at a particular place."
. It has been further observed by the Hon'ble Supreme Court in the same Para that:
"....There is one more point which we would like to discuss i.e. whether pointing out a
material object by the accused furnishing the information is a necessary concomitant
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of Section 27. We think that the answer should be in the negative. Though in most of
the cases the person who makes the disclosure himself leads the Police Officer to the
place where an object is concealed and points out the same to him, however, it is not
essential that there should be such pointing out in order to make the information
admissible under Section 27. It could very well be that on the basis of information
furnished by the accused, the Investigating Officer may go to the spot in the company
of other witnesses and recover the material object. By doing so, the Investigating
Officer will be discovering a fact viz., the concealment of an incrimination article and
the knowledge of the accused furnishing the information about it. In other words,
where the information furnished by the person in custody is verified by the Police
Officer by going to the spot mentioned by the information and finds it to be correct,
that amounts to discovery of fact within the meaning of Section 27. Of course, it is
subject to the rider that the information so furnished was the immediate and
proximate cause of discovery. If the Police Officer chooses not to take the
informant-accused to the spot, it will have no bearing on the point of admissibility
under Section 27, though it may be one of the aspects that goes into evaluation of that
cria677.12 particular piece of evidence." (Emphasis supplied).
6. The learned A.P.P. has submitted that evidence of PW-18, PW-20 and PW-21 proved earlier
incident because of which the crime took place. The accused persons had threatened and thus the
incident of murders took place. Both the deceased had gone to the place of accused No.3 Balasaheb
and did not return. Looking to the prior incident, motive is established. Only because PW-9 Genuji
Rajule went to the police two days late to give his statement, the same is not sufficient to disbelieve
him looking to the possibility of fear of accused. PW-26 A.P.I. Pathan had gone to seize the pistol as
per statement of accused No.1 and from there witness PW-4 Rambhabai led the police to the well,
from where the pistol was discovered and so it should be treated as discovery under Section 27 of
the Indian Evidence Act, 1872. It is submitted that the carrier was not questioned regarding the
articles carried and C.A. had received sealed parcels and in the circumstances, no disadvantage can
be taken by pointing out that the number on the pistol seized and pistol examined was different. The
learned A.P.P.
fairly agreed that statements under Section 164 of Code of Criminal Procedure, 1973 (for short
"Cr.P.C.") cannot be used as substantive evidence.
Still, it was submitted that there is sufficient evidence as against accused No.
1. The learned A.P.P. was unable to point out specific evidence against cria677.12 accused Nos. 2, 4
and 5. However, it was submitted that who exactly fired from pistol is within the exclusive
knowledge of the accused persons and so they should explain.
7. Keeping in view the law pointed out and arguments, now the evidence available needs to be
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8. Regarding the prior incident, the first witness is PW-2 Sampat, the complainant himself. He
claims that in their village it was decided not to sell sugarcane fodder outside village and one tempo
loaded with sugarcane fodder was obstructed by his friends at Deolali Pravara water tank. He went
there. He claims that by that time the tempo had already gone. Evidence of PW-18 Vijay Walunj,
PW-20 Vijay Yeole and PW-21 Babasaheb Yeole when perused, it is revealed that the prior incident
took place on 2nd March 2010 at about 8.30 p.m. when the tempo was stopped. PW-18 Vijay Walunj
and PW-20 Vijay Yeole claim that they saw PW-2 Sampat and other witnesses quarreling with
accused Nos.1 to 4. However, PW-21 Babasaheb Yeole claims that even accused No.5 was present
there. PW-20 and PW-21 have referred to the number of tempo as MH-17-T-8623. However the
cria677.12 evidence of PW-27, Investigating Officer Bagwan, shows that he checked with R.T.O. and
no such number is there of tempo. Although these witnesses referred that there was a quarrel, but at
the most what is being deposed to is that there was exchange of words. Although evidence is that the
accused persons had reached the place by Maruti Van, no investigation was done regarding the said
9. The evidence of PW-2 read with PW-18, PW-20 and PW-21 reveals that after sometime around
10.00 p.m. both the deceased had come to Khande lane and had enquired as to what had happened.
PW-2 says that thereafter both of them went towards factory informing that they will go and see as
to whom that tempo belongs. PW-18 deposed that the deceased persons said that they had good
relations with accused No.3 Balasaheb and they will go and give him understanding. PW-20
deposed that both the deceased said that they will go and meet the accused to avoid repetition of
incident. PW-21 has deposed that when both the deceased came and they were told about the
incident, they said that they will go to the house of accused Balasaheb and settle the matter. Thus,
the evidence of these witnesses is that both the deceased then left towards house of accused
cria677.12 Balasaheb on Boxer motorcycle.
10. Looking to the above evidence, what the prosecution has proved is, that on 2nd March 2010 in
the evening there was some quarrel regarding stopping of tempo carrying fodder and later on
around 10.00 p.m. both the deceased had said that they would go and settle the matter and had
proceeded towards the Vasti or house of accused No.3 Balasaheb.
ig DEAD BODIES FOUND
11. Evidence is that PW-2, PW-18, PW-20 and PW-21 had waited for the deceased persons to return
and even searched them in the night.
PW-21 Babasaheb Yeole, the brother of deceased Dattatraya, has deposed that in the night when
they tried to connect the deceased on mobile, their mobiles were switched off and therefore these
persons had gone to the house of accused Balasaheb but nobody was found there. He claims that
they even searched in the factory area but there was nobody found. The search was done upto 2.30
a.m. As deceased Dattatraya had not returned till the morning, PW-21 claims that they had gone to
Deolali Pravara outpost to inform about the incident. His cross-examination shows that when he
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was in the process of giving missing complaint, information was received by the cria677.12 police
about finding of one dead body in the canal and so all of these persons went to the spot.
12. Although cross-examined, the evidence of PW's 18, 20 and 21 to the extent of some quarrel
taking place earlier evening and in the night both the deceased declaring that they would go to the
house of accused No.3 and later not returning in the night and next day their dead bodies being
found, appears to be reliable and needs to be accepted.
13. The evidence of above witnesses shows that dead bodies of both the deceased were found at little
distance from the compound wall of sugar factory of Rahuri. There is evidence of PW-27 P.I.
Bagwan read with evidence of PW-1 Panch Sudhakar Karale regarding the spot. P.I. Bagwan on spot
did the inquest panchnamas Exhibit 133 and 134. The injuries on the dead bodies were recorded,
which showed that they had been shot. The spot Panch PW-1 Sudhakar has deposed that the spot
was about 25 feet from the compound wall of sugar factory. There is a canal approximately 12 feet
broad. The canal at the concerned place is in the shape of "T". There was blood on the wall. Near the
spot, empty cartridges were found lying. Police cria677.12 collected samples of mud, both with and
without blood. Samples of blood were picked up from the wall also. The spot panchnama is along
with the sketch showing where the dead bodies were lying and where the empty cartridges were
14. Prosecution is supported by the evidence of PW-24 Dr. Sayyad who carried out postmortem on
the bodies of deceased Ashok and deceased Dattatraya and prepared postmortem reports Exhibit
117 and 118 respectively. The postmortem reports recorded details of the injuries and concluded that
both the victims suffered death due to shock due to firearm injuries and that their deaths were
unnatural. The doctor deposed that death of deceased Ashok might have occurred at least 18 to 24
hours prior to conducting of the postmortem. The postmortem of Ashok was conducted between
7.00 p.m. to 10.00 p.m. In the cross-examination, doctor was asked and he stated that earlier he had
not mentioned regarding time of death as police did not ask for it and at the time of evidence he
deposed about it as he was asked about the same. In the cross-examination of the doctor nothing
much has been brought, so as to doubt the evidence of this doctor PW-24.
15. Looking to the evidence regarding spot and discovery of the bodies from the spot, the inquest
panchnamas and the postmortem reports, it can be concluded that deceased Ashok and deceased
Dattatraya did suffer unnatural death due to firearm injuries and culpable homicide of both these
victims is established by the prosecution.
16. Here brief reference is being made to the witnesses examined by the prosecution, who were
examined to prove certain facts but have not supported the prosecution:(A) PW-2 complainant Sampat did not support prosecution regarding quarrel in the prior incident
or to support his F.I.R. that Accused Nos. 1 to 6 were responsible for the murders.
(B) PW-3 Sandip Davkhar was examined regarding extra judicial confession of accused No.1
Abasaheb. The witness did not support.
(C) PW-4 Rambhabai Thorat was examined to show that accused persons had kept a bundle in her
house and when she found that it was a cria677.12 pistol, she threw the same in the well, from where
later on it was discovered.
The witness turned hostile and did not support.
(D) PW-5 Anil Laxman Thorat was examined to say that accused No.1 along with others had come to
him on 3rd March 2010 and he had reached accused No.1 to the place of his mother and that later
Accused No.1 was arrested from Pune from place of his niece. Even this witness has not supported.
(E) PW-6 Sachin Davkhar was examined to claim that accused had taken petrol from him. He did
not support.
(F) PW-7 Nilesh Temak and PW-12 Dilip Thorat were examined regarding recovery of clothes of
accused No.1 and his mobile and SIM card vide panchnama Exhibit 82. The witnesses turned
(G) PW-8 Satish Shelke declined that he received any phone call from accused No.1 asking for
money and that he gave money. The witness was cross-examined but did not support the
(H) PW-10 Abdulla Pathan was tendered as a witness for having cria677.12 seen accused Nos. 1, 4
and 5 near the Chothe bridge on 2nd March 2010 around time of incident. The witness did not
(I) PW-13 Balasaheb Lotke and PW-14 Bharat Pawar, examined regarding discovery of pistol from
accused No.1, are also not supporting.
(J) PW-15 Baban Jadhav was examined to prove that accused Abasaheb gave discovery of
motorcycle MH-12-BE-3849, belonging to deceased Ashok from a well, but he has also not
(K) PW-17 Shrikant Pund was not ready to support the State regarding the claim that he had given
hand-loan to accused Abasaheb.
(L) PW-22 Annasaheb Narote was called regarding the earlier incident regarding stopping of tempo
but he also did not support the prosecution.
. The above witnesses did not support the prosecution and after being declared hostile they have
been cross-examined with reference to earlier statements. They, however, have not changed their
versions and prosecution could not extract support from them.
17. Out of the above witnesses, PW's 3 to 6 and 10 are witnesses of whom statements under Section
164 of Cr.P.C. were recorded by PW-23 Special Judicial Magistrate, Gorakshnath Ghugarkar. It is
well settled that statement under Section 164 of Cr.P.C. is not a substantive evidence and it can be
used only to corroborate the statement of witness or to contradict him.
Keeping this in view, if the evidence of PW-3 Sandip Davkhar is re-visited, it can be seen that in the
cross-examination he was not asked anything regarding his statement to Special Judicial Magistrate.
He was not confronted with the statement which has later on been marked as Exhibit 109 in the
evidence of PW-23 Gorakshnath Ghugarkar. As regards evidence of PW-4 Rambhabai, after she was
declared hostile, she was first confronted with her statement to police. She denied portions A to D.
She even denied that she gave any statement before Special Judicial Magistrate on 8th April 2010.
She denied that she narrated like portion marked A from her statement before Special Judicial
Magistrate. If the original statement Exhibit 113 is perused, the trial Court does not appear to have
bracketed portion which was read over and in the margin "A" has been put against the initial
paragraph. It is not clear if whole of the document was read over or only a portion. Same is the
position with the cross-examination of PW-5 Anil Thorat and PW-6 Sachin Davkhar. PW-10 Abdulla
was asked in the cross-examination and he stated cria677.12 that he had not given any statement
before Special Judicial Magistrate. It was asserted that he did make a statement and he again
denied. No portion of statement was read over to him. He said that he is not able to say why
statement in his name is appearing. Thus, PW-3 was not even referred to his statement to the
Special Judicial Magistrate and PW-10 was not put up contents of the statement Exhibit 111 and
PW-4, PW-5 and PW-6 were confronted with their statements in a vague manner. Although
statements under Section 164 of Cr.P.C. were recorded, when the witnesses did not support, in the
cross-examination they do not appear to have been confronted with specific portions to contradict
them. PW-23 Ghugarkar simply referred to the names of PW's 3 to 6 and 10 and deposed that their
statements were recorded as per their say and that the contents were correct. Investigating Officer
was confronted with the statements under Section 161 of the hostile witnesses to prove portions
which have been marked and he asserted that the witnesses had indeed stated as per the statements
under Section 161 of Cr.P.C.
18. The substance of the above discussion is that the witnesses referred above, did not support
prosecution and it can be said that they are not reliable. This, however, does not help the
prosecution as prosecution still needs evidence to establish guilt of the accused persons.
cria677.12 THE WITNESS SUPPORTING
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19. Now the evidence of PW-9 Genuji Vishwanath Rajule needs to be discussed. He claims to be
ex-army person who retired in 1968. He claims that he knows accused Nos. 1 and 4 and on 2nd
March 2010 he had been to Nagapur and for returning, came back to Ahmednagar and up-to Rahuri
sugar factory travelled in a private jeep. He claims that from that spot his village Deolali Pravara
remains 3-4 k.m.s and he obtained lift on the motorcycle which was proceeding via Rahuri factory
Pravara canal. His evidence is that slightly ahead of the bridge, he saw 5-6 persons standing near the
bridge and in the light he spotted accused Nos. 1 and 4. He identified them in the Court also. He
deposed that he did not care thinking that there might be some incident and so proceeded ahead.
After some time he says, he heard noise of crackers twice. He was dropped at the Chowk and went
According to him, he had seen accused Nos. 1 and 4 near the bridge at 10.30
- 11.00 p.m. On next day i.e. 3rd March 2010, he heard about some murder.
. His cross-examination shows that he had served in the war of 1965. He was unable to tell the name
of the person who had offered him lift or vehicle number or its make. He admits that on 3rd March
2010 police had cria677.12 come to Deolali Pravara and police were there in the village till the
funeral took place. The houses of the deceased are at a distance of about 500 feet from his house. He
admits that police were enquiring with the persons who were acquainted with the incident as well as
the persons who knew about the incident were themselves informing the police. He admits that he
was knowing both the deceased and had even attended the funeral. He admits that even on 4th
March 2010 police had come and were making enquiries.
Surprisingly, he says that still on his own he did not go and inform the police either on 3rd March
2010 or 4th March 2010 although police were asking the villagers to supply information. He admits
that there is a case pending against him in Rahuri Court for manufacturing illicit liquor. It is the
argument of the learned counsel for the accused that this witness was got-up as police wanted to
show that the case has been solved. The learned counsel submitted that although this witness claims
that he has served in the war, he refers to the noise heard as that of crackers and although he says
that moments earlier he had seen Accused Nos.1 and 4 and others near bridge and thought that
some incident may have happened, still he did not go back to check. It is argued that if he had really
seen accused Nos.1 and 4 near the spot, he would not have kept quiet till 5th March 2010. His
cross-examination shows that his statement was also not recorded at the village but in the chamber
of the police inspector. The witness was unable to give details or description of the cria677.12 person
who he claims, had given him lift although he admits that the person concerned asked him as to who
he was and where he wanted to go. He has not claimed that the person was wearing any helmet. He
says that said person was wearing shirt and pyjama and was of about 30-40 years of age. Still he did
not give description of that person to police.
. The learned counsel for the accused relied on Judgment in the matter of Audumbar Digambar
Jagdane and another vs. State of Maharashtra, reported in 1999 CRI. L.J. Page 1936. In Para 17 of
the Judgment, Hon'ble Division Bench of this Court discussed the evidence of two alleged eye
witnesses PW-3 and PW-5 and the evidence of one PW-13 that he had seen the two accused and the
Indian Kanoon - http://indiankanoon.org/doc/171411038/
by the accused that near the dead body there were some cartridges and pistol lying and Boxer
motorcycle was also found lying there. He had also deposed that ash coloured pant was lying on the
spot. The admissions of PW-2 Sampat in the cross-examination could have been ignored looking to
the fact that State had declared him hostile although he is complainant in the matter cria677.12 and
had lost his own brother. But, however coming back to the evidence of PW-16 Vitthal, he is witness
of the prosecution and relied on by it, and even he has deposed in the cross-examination that the
pistol was still lying on the spot as well as Boxer motorcycle and the jean pant (which prosecution is
trying to show to be of accused No.1). When PW-16 gave such evidence in the cross-examination by
accused Nos.1 to 4 and 10, the learned A.P.P. could have sought declaration of the witness as hostile
and could have crossexamined him but this has not been done. What survives is, witness of the prosecution itself is
saying that the pistol and Boxer motorcycle (later on shown as discovered by Accused No.1) as well
as ash coloured jean pant were seen lying on the spot on 3rd March, 2010.
22. PW-19 Sachin Tanpure is another panch who has supported the prosecution. He says that on 9th
March 2010 police had called him. At that time accused No.4 Prasad alias Pappu was present.
Accused Pappu gave the memorandum statement Exhibit 101 and then took police and panchas near
factory and back side of chawl No.19 and from near house No.2, one covered motorcycle having No.
MH-15-BQ-4773 was recovered. The said motorcycle was seized vide panchnama Exhibit 102. In the
crosscria677.12 examination, this witness admitted that his sister is married to one of the brothers of
deceased Dattu (Dattatraya). He has been further cross-examined but the fact proved is that such
motorcycle was recovered at the instance of accused No.4 Pappu.
. Here again, though motor cycle recovered is proved but evidence of its use in connection with the
offence is not established.
23. Evidence of PW-26 A.P.I. Isamuddin Pathan is that as per directions of PW-27 P.I. Bagwan he
had gone and arrested accused Abasaheb. He did not however prove the said panchnama of arrest.
24. PW-27 P.I. Bagwan deposed that he had directed P.S.I. Pathan vide Exhibit 143 to proceed to
Pune as accused Babasaheb was reported to be there. He further deposed that P.S.I. Pathan arrested
accused No.1 Abasaheb from Pune and produced him before the P.I. and along-with the accused,
P.S.I. Pathan handed over Nokia Mobile found on the person of accused Abasaheb as well as
panchnama which was drawn by him (i.e. A.P.I. Pathan) as well as the clothes which were on the
person of the accused. Thus, PW-26 cria677.12 A.P.I. Pathan did not prove the arrest panchnama of
accused No.1 and PW-27 claimed that it was the A.P.I. Pathan (referred by the witness as P.S.I.
Pathan), who had arrested accused Abasaheb and produced Abasaheb alongwith mobile and clothes. If this evidence is read with panchnama Exhibit 82, it can be seen that it
was under signature of P.I. Bagwan. The document received Exhibit due to the evidence of hostile
witness PW-7 Nilesh, whose only signature got proved and contents remained to be proved for
which neither PW-26 nor PW-27 took efforts to establish.
. Thus, recovery of ash coloured jean pant which prosecution has tried to show was on person of
accused No.1 and that it had blood stains of deceased Ashok, has not been duly established.
. Learned counsel for the accused has argued that the case of the prosecution that accused No.1 was
wearing same blood stained jean pant from the night of 2nd March 2010 till 5th March 2010 when
seizure panchnama of his clothes Exhibit 82 was drawn, is not acceptable. According to him if the
accused had run away in the night of 2nd March 2010 to Pune and was arrested from Pune, he
would not be continuing to wear the same pant shown to be discovered from his person. Reliance
has been placed on the Judgment in the case of Khalil Khan vs. State of M.P., reported in A.I.R.
cria677.12 2003 Supreme Court, Page 4670. In that matter the accused was arrested four days after
the incident and Hon'ble Supreme Court found it extremely difficult to believe that a person who is
involved in such a serious crime like murder would still be wearing clothes which are blood-stained
even four days after the murder, as this is opposed to normal human conduct. There is substance in
the submissions of learned counsel for accused.
25. Prosecution has relied much on the evidence brought by it on record regarding recovery of the
pistol. PW-26 A.P.I. Pathan referred to Exhibit 124 as the direction which was given to him by
PW-27 P.I. Bagwan and has then deposed as to how two panchas were called and memorandum of
accused No.1 was recorded which is at Exhibit 125 and how accused No.1 took the police to Wadgaon
Pan village and to the house of PW-4 Rambhabai. The panchnama Exhibit 126 is that at the house of
Rambhabai when accused started picking up a jute bag, Rambhabai informed that article kept in
handkerchief had been noticed by her as having a pistol and cartridges and so she had thrown it in
the well near Mahadeo Temple near the Toll Naka. The panchnama then records as to how the water
was taken out from the well and then the pistol along with magazine and 13 live rounds cria677.12
were recovered.
26. The above evidence of PW-26 A.P.I. Pathan and the documents will have to be read with Exhibit
124. It is argued by the learned counsel for accused that Order Exhibit 124 issued by PW-27 P.I.
Bagwan itself had recorded that at Wadgaon Pan Shivar in the house of Pandit Laxman Thorat
below the staircase the pistol and rounds used at the time of offence are hidden is being said by
Accused Abasaheb and so they should be recovered.
Thus, it is argued that the police already had the information as to where exactly the pistol has been
hidden and so there was no question of discovery of a fact under Section 27 of the Indian Evidence
Indian Kanoon - http://indiankanoon.org/doc/171411038/
Act. The subsequent memorandum and the panchnama cannot be relied on to say that at the
instance of the accused No.1 the pistol was discovered. It is argued that even if it was to be said that
the accused No.1 took the police to the house of PW-4 Rambhabai, it cannot be said that the pistol
was discovered at his instance, as the fact would remain that Rambhabai was knowing about the
pistol and the live rounds. Thus it was not fact which was exclusively in the knowledge of Accused
. Section 24 of the Indian Evidence Act makes confession by accused as irrelevant if caused by any
inducement, threat or promise having cria677.12 reference to the charge against the accused in
contingencies mentioned. No confession made to a police officer can be proved as against a person
accused of any offence, under Section 25 of Evidence Act. Under Section 26 of the same Act
confession made by any person whilst he is in the custody of a police officer is inadmissible unless
made in the immediate presence of a Magistrate. Exception to section 25 and 26 is in Section 27 of
the Act and if any fact is discovered in consequence of information received from accused in the
custody, "so much of such information" whether it amounts to a confession or not, as relates
"distinctly" to the fact thereby discovered, may be proved. Order Exhibit 124 of P.I. does not satisfy
these ingredients. There are no panchas as to what exactly and how accused No.1 gave information
to the P.I. on the basis of which he observed facts in Exhibit 124. There is nothing to show that the
information noted in Exhibit 124 was voluntary and not by any inducement, threat or promise.
. Subsequent Exhibit 125 and 126 do not inspire confidence. The panchas PW-13 and PW-14 are also
hostile. The pistol and rounds were also not found at the place stated. Thus, discovery is not duly
proved. Apart from this, evidence of PW-16 also, discussed in sub-para 21 (supra) creates doubts
regarding discovery.
cria677.12 DISCOVERY OF BOXER MOTOR CYCLE OF DECEASED ASHOK
27. The other evidence relied on by the prosecution is the alleged discovery of Boxer motorcycle,
MH-12-BE-3849 of deceased Ashok, at the instance of accused No.1. Evidence of PW-26 A.P.I.
Pathan is that he received direction from P.I. Bagwan as per Exhibit 127 and he recorded
memorandum of accused No.1 as per Exhibit 128 and accused No.1 had taken the police and
panchas to Hangewadi village Shivar and from well near the corner of the road, the motorcycle was
discovered. In this, if Exhibit 127 is perused, P.I. Bagwan informed the A.P.I. Pathan that the
motorcycle which was of the deceased, Bajaj Boxer, had been thrown by accused Abasaheb and
others in the well adjoining the road at Hangewadi, Tq-Sangamner and asked him to recover it. The
P.I. did not state source of the information as to who told him. It has been rightly argued by the
learned counsel for the accused that if the P.I. Bagwan already knew where the motorcycle was
thrown, the subsequent memorandum Exhibit 128 and panchnama Exhibit 129 need to be ignored
and it cannot be held that fact of motorcycle of deceased being discovered at the instance of accused
No.1, is proved.
. Keeping in view provisions of Section 27 of the Evidence Act and settled law on this count, in the
light of Exhibit 127, if police already cria677.12 knew exact well where the Boxer motorcycle had
been submerged, evidence that Accused No.1 gave discovery of the same will have to be discarded.
Indian Kanoon - http://indiankanoon.org/doc/171411038/
evidence is not of much support. Investigating Officer has not given evidence to explain the evidence
of mobile calls. In any case, what was the talk does not get proved.
33. It needs to be recorded that PW-26 A.P.I. Pathan and PW-27 P.I. Bagwan's evidence is not being
discarded because they are police. But the same is to be ignored as looking to the various factors
discussed above, the evidence is not inspiring confidence.
cria677.12 CONCLUSION
34. Thus, looking to the above discussion, there is hardly or no evidence regarding the actual
incident of assault or destruction of evidence.
There is no person who actually saw the incident taking place. The only evidence of PW-9 Genuji
Rajule of seeing accused Nos.1 and 4 sometime around 10.30 p.m. near the bridge, is not inspiring
confidence. Even if for a moment it was accepted that he did see accused Nos.1 and 4 near the bridge
in the night of 2nd March 2010 at about 10.30 p.m., that by itself is too scanty evidence to hold
accused guilty. Rest of the circumstances proved like quarrel in an earlier incident or recovery of
motorcycles of accused Nos. 4 and 7, are not sufficient to form a chain of circumstances. The
recovery of motorcycle of deceased Ashok is required to be discarded. The alleged discovery of pistol
is also not duly established.
35. The learned counsel for the accused took us through the Judgment of the trial Court and pointed
out various portions where the trial Court erroneously read the contents from statements under
Section 164 of Cr.P.C. to hold the particular facts as proved and completely misdirected itself.
cria677.12 (A) In Para 43 of the Judgment with reference to discovery of motorcycle from accused
No.4 Prasad, trial Court reproduced contents from memorandum Exhibit 101 and allowed itself to
be overawed by them forgetting that under Section 27 of the Indian Evidence Act only "so much of
such information, whether, it amounts to a confession or not, as relates to the fact thereby
discovered, may be proved". Hence, in memorandum of discovery of motorcycle by accused No.4
Prasad, instead of excluding the inadmissible portions before exhibiting the document or ignoring
them, the Court was reproducing portions as to who fired bullets and who threw bodies in canal etc.
(B) In Para 53 of the Judgment trial Court noted that panchas had not supported recovery of pistol
at instance of accused No.1 and PW-5 and PW-6 had also resiled from statements under Section 164
of Cr.P.C. but still observed that Special Judicial Magistrate Ghugarkar (PW-23) proved Exhibit 112
and 113 (statements) which can be taken into consideration for collateral purposes and relying on
the said evidence, it can be held that accused No.1 has given statement before police and panchas to
show house of Rambhabai (PW-4) where he has kept the bundle containing pistol and live cartridge
used in commission of the offence.
cria677.12 (C) It is shocking to find in Para 60 of the Judgment, Court relying on what PW-3 Sandip
had stated in statement under Section 164 (Exhibit
Indian Kanoon - http://indiankanoon.org/doc/171411038/
109) to hold a fact proved although, as has been discussed, PW-3 was no where in his evidence even
referred or reminded that he had given statement to Special Judicial Magistrate.
(D) In Para 61 of the Judgment, the trial Court discussed that the recovery panchnama of motorcycle
of deceased Ashok is not supported by the panchas and even PW-3 and 6 had not supported the
prosecution, but it referred to their statements under Section 164 of Cr.P.C. and observed that those
statements Exhibit 109 and 110 can be taken into consideration for collateral purposes and relying
on such evidence it can be held that accused No.1 had stated the facts and gave discovery from the
well. Such reasoning adopted and ultimate findings, cannot be supported in law.
(E) The trial Court adopted the reasoning as to why PW-23 Special Judicial Magistrate Ghugarkar
would record wrong statements and adopting such reasoning, relied on the statements. In Para 100
of the Judgment, the observations show that the trial Court noted that PW's 3 to 6 and 10 had
turned hostile. It observed that the present case is however, not solely based cria677.12 on their
evidence and certain circumstances have been brought on record to show that the statements given
by these witnesses before the Special Judicial Magistrate were true. What circumstance and how
proved, the trial Court did not elaborate.
. In Para 72 of the Judgment, it was observed that the evidence on record further shows that accused
Nos.2, 4 and 5 helped accused No.1 in throwing the dead bodies of deceased Ashok and deceased
Dattatraya in the canal. There is absolutely no basis of any legal evidence to support this.
(F) The trial Court appears to have relied on contents from the memorandums regarding different
acts done, which contents were inadmissible in evidence as self implicating and wrongly relied on
36. As such the reasons and findings recorded, convictions awarded and sentences passed by trial
Court are not maintainable.
37. Before parting it is necessary to record that the trial Court had charged accused Nos.2, 4 and 5
under Section 302 as well as 201 of I.P.C.
Accused No.4 was charged with Section 3/25 of the Arms Act also, of which he was acquitted. At the
time of Judgment, accused Nos. 2, 4 and 5 were convicted of Section 201 of I.P.C. but no formal
orders were passed as cria677.12 regards Section 302 of I.P.C. Accused No.6 was charged with
offence under Section 302 of I.P.C., and as mentioned earlier, the trial Court was not convicting him
of the offence but in the final formal order no reference was made to accused No.6 whether he was
being convicted or acquitted. This is improper. When charge has been framed under particular
Sections, it is necessary to record in the order to be passed below Judgment, whether or not the
accused is being convicted or acquitted for the Sections concerned. We propose to correct the
mistake which will not cause prejudice to either side.
38. For the above reasons, we pass following order:-
ORDER (A) Criminal Appeal No.677 of 2012 and Criminal Appeal No.82 of 2013 are
allowed. The conviction and sentence of original accused Nos. 1, 2, 4 and 5 as
imposed by the trial Court is set aside. Accused No.1 Abasaheb Balasaheb Varkhade is
acquitted of the offence punishable under Sections 302, 201 of I.P.C. and Section
3/25 of the Arms Act.
. Original accused No.2 Sunil Shivaji Varkhade, original accused No.4 Prasad @
Pappu Dhondiram Borase and original cria677.12 accused No.5 Lakhan Subhash
Salunke are acquitted of the offence punishable under Section 201 read with 34 of
. These Appellants (original accused Nos.1, 2, 4 and 5) be set at liberty forthwith
unless required in any other crime.
Fine, if paid, be refunded to them.
(B) Criminal Application No.963 of 2013 of the State for leave to Appeal under
Section 378(1)(3) of Cr.P.C. is rejected.
Leave to appeal is refused.
(C) Original accused Nos.2, 4 , 5 and 6 looking to charge, in Sessions Case No.128 of
2010, shall be treated to have been acquitted of offence under Section 302 of I.P.C.,
in the trial Court itself regarding which formal order remained to be passed in the
trial Court.


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text: Patriots First and 10: Putting final touches on game plan for divisional playoff showdown By Christopher Price Posted on January 11, 2019 [get_snippet] [theme-my-login show_title=0] [miniorange_social_login] Not subscribed yet? Click below for access to all content: (Barry Chin/The Boston Globe via Getty Images) Share Tweet Email Print Welcome to first and 10, a roundup of all the (mostly) Patriots-related news you need to start your Friday. Grab your coffee and let's get to it. Log in Username or E-mail Password Remember Me Lost your password? LOST PASSWORD LOG IN with Facebook LOG IN with Google LOG IN with Twitter Not subscribed yet? Click below for access to all content: Share Tweet Email Print MORE COVERAGE BSJ Daily Briefing 06.20.19: Busy night ahead for Celtics, NBA Draft set to get underway Jakobi Meyers' college coach explains why WR could keep Patriots' UDFA streak alive First and 10: Tom Brady and Josh Gordon team up to break the Internet


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Spanish A2 at The Spires College
Course description
Now is the time to take advantage of the opportunity to study Spanish at Advanced Level, when the knowledge of another language can provide you with a wider choice of employment in Great Britain and Europe.At Westlands Sixth Form, you will benefit from small teaching groups, giving the staff the opportunity to help you and to explain details carefully when you encounter problems. We will encourage and help you to develop your understanding of Spanish, its culture and environment. The topics studied include:Media and AdvertisingThe ArtsThe Way of LifeTourismSocial IssuesThe EnvironmentEducationLaw and OrderPolitics
Entry requirements
AS Spanish plus other
How to apply
If you want to apply for this course, you will need to contact The Spires College directly.


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If you've got a book you're itching to write, you can still go with the traditional publishing route. (We published our first book using a traditional publisher.) Whether your book is fiction or non-fiction, a publisher can help get your book into print and onto shelves in both online and traditional book stores. This is still a good route, although it may take more work and be more expensive than some other options.
That $200,000 a year might sound like a lot to you, but the median home price in San Francisco is roughly $1.6 million or almost eight times our annual passive income. For a family of three in 2018, the Department of Housing and Urban Development declared that income of $105,700 or below was "low income." Therefore, I consider us firmly in the middle class.
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In expensive cities like San Francisco and New York City, net rental yields can fall as low as 2%. This is a sign that there is a lot of liquidity buying property for property appreciation, and not so much for income generation. This is a riskier proposition than buying property based on rental income. In inexpensive cities, such as those in the Midwest, net rental yields can easily be in the range of 8% – 12%, although appreciation may be slower.
With personal finance software you can schedule automatic payments and transfers between all of your imported accounts. Automatic transfers will help to make sure you have the necessary funds in the right account to ensure all bills are paid on the appropriate date. Late fees are annoying and do nothing but cost you money. It's time that you said goodbye to them once and for all.
Passive Wealth is like growing your own money trees! Income that is produced from what you have created, or accomplished, and it keeps bringing in money for you. HOORAY!! Goodbye slave job. 🙂 You are the head honcho, the boss. It's your ideas and your creation. There are many ways and ideas to achieve financial success through passive income in your life. One way that opens up unlimited ways for you to achieve passive wealth is Blogging.
Hi, it's probably been brought up before, but the statement "you can't touch pre-tax retirement accounts without a penalty until 59.5" is incorrect. You can touch the traditional 401k accounts with a SEPP (substantially equal payment plan), and not pay the 10 percent penalty. You can also touch a Roth without the 10 penalty using the same strategy, although I understand you will pay taxes so you lose the Roth's advantage. When I found this out, I stopped contributing to Roths because I wanted to retire early. Who knows if they will even live to age 59.5? So many people don't!
What I did: I first identified my favorite places in the world to live: San Francisco, Honolulu, Paris, Amsterdam, New York City, and Lake Tahoe. I then looked up the median rent and housing prices for each city. Then I factored in private education costs for two kids to be conservative given I may not have two kids and public schools are often good enough. After calculating all vital costs, I then did a self-assessment of how happy I was making $50,000, $100,000, $150,000, $200,000, $250,000, $350,000, $500,000, and $750,000. I decided working 20 hours a week making $200,000 a year is the best income balance for maximum happiness.
As interest rates have been going down over the past 30 years, bond prices have continued to go up. With the 10-year yield (risk free rate) at roughly 2.55%, and the Fed Funds rate at 1.5% (two more 0.25% hikes are expected in 2018), it's hard to see interest rates declining much further. That said, long term interest rates can stay low for a long time. Just look at Japanese interest rates, which are negative (inflation is higher than nominal interest rate).
1. The batting cage idea is very risky. I've seen many of them close over the years and it is not anything close to passive income if you want to keep the business going. You have to continually promote it and target youth leagues, coaches, schools etc to catch all of the new players who grow up and want to play. I've played at probably 8 batting cages over the years and 7 of them closed.
Investing is arguably the easiest way to make passive income. The problem is most investments sound good in theory but don't work out so well in practice. And if you don't have much experience or access to capital, let alone the time to work it all out, it can seem more or less impossible. However, there is one smart way to invest that just might work. Continue reading >
However, residual income typically has an expiration date, especially if it is being earned through a business. Effort must be continuously put into the business in order for someone to continue to receive residual income. Businesses must continue to market themselves in order to remain relevant. The best way to look at residual income in this sense is that it is a part-time job that earns full-time income.
We've discussed how to get started building passive income for financial freedom in a previous post. Now I'd like to rank the various passive income streams based on risk, return, and feasibility. The rankings are somewhat subjective, but they are born from my own real life experiences attempting to generate multiple types of passive income sources over the past 16 years.
As for me, I started focusing on passive income last year, but have owned rentals for 5 years. $25k now outside retirement accounts in mostly real estate. Looking to invest another $500k cash into real estate to get about $65k, and then 1031 under performers next year to hopefully boost that a bit higher. Heavy in real estate, but feels lower risk than the stock market to me if you have cashflowing properties. Real estate is inflation adjusted, and built in cashflow raise when the loan pays off.
Udemy is an online platform that lets its user take video courses on a wide array of subjects. Instead of being a consumer on Udemy you can instead be a producer, create your own video course, and allow users to purchase it. This is a fantastic option if you are highly knowledgeable in a specific subject matter. This can also be a great way to turn traditional tutoring into a passive income stream!
The authors found that those born to parents in the bottom 20 percent of earners (measured by permanent income, or the average labor market earnings over people's working lives) had a 39 percent chance of remaining in the bottom 20 percent. Those born in the bottom 20 percent of the wealth distribution had a 27 percent chance of staying there. On the other end of the spectrum, those born in the top 20 percent of permanent income and wealth distributions had a 41 and 47 percent chance of staying there, respectively. (Figures showing these transitions are available in The Regional Economist article "Which Persists More from Generation to Generation—Income or Wealth?")
Many people talk about passive income and create the impression that you never have to do anything to keep that income going. The truth is that you will normally have to keep your eye on things if you want it to run smoothly. For example Richard Branson doesn't run any of the 400+ companies he started but he goes over the numbers each day to make sure they're performing well and calls the CEO if there are any problems.
For those of you who don't want to come up with a $220,000 downpayment and a $900,000 mortgage to buy the median home in SF or NYC, who don't want to deal with tenants or remodeling, and who wants to not do any work after the investment is made, check out Fundrise. They are my favorite real estate crowdsourcing company founded in 2012 and based in Washington DC. They are pioneers in the eREIT product offering and they're raising an Opportunity Fund to take advantage of new tax favorable laws.
We are going to start with 1.5 years of all spending needs in cash. We will draw 1800 to 1900 per month. We will add to this from the index funds by taking a portion of the gains in good years to supplement. This is the total return portion of the equation. Obviously, if stocks decrease drastically over a 5 year period, then I would have to reload by selling some of the ETF holdings.
I am always seeking to help women who are interested in working from home to generate a potential six figure income without sacrificing time with their kids, their professionalism or integrity. Motives is an industry recognized brand and in good standing with the Better Business Bureau. Read here for the Motives Cosmetics Beauty Advisor Job Description.
The net operating income is the amount of money that has been made once all of the person's expenses have been subtracted from it. For instance, in order for an author to determine his net operating income, he would have to deduct the costs involved in creating the book from the amount that he earned. Designing the book cover, editing the book, and publishing the book are all examples of these kinds of expenses.
The members and brokers that Brad recruited, as well as the members and brokers that those people recruited, were considered Brad's "downline." At the time of the divorce, Brad's downline consisted of thousands of members and brokers, earning Brad a residual income of about $27,000 per month. The trial court was tasked with determining just how to divide the residual income, generated by Brad's downline, between the two parties.
Finally, when looking around for the right personal finance software that meets your needs, make sure that you're comfortable with the program's interface. It shouldn't be expected that you recognize every single feature instantly, but if the features don't seem readable and manageable to you, then you're not as likely to use it and get the full benefits.
2. Focus on income-producing assets. Internet growth stocks may be sexy, but they provide no income. To build a large enough passive-income stream to survive, you must invest in dividend-generating stocks, certificates of deposit, municipal bonds, government Treasury bonds, corporate bonds, and real estate. You're free to invest in non-income-producing assets for capital appreciation too. You just want to earn reliable income when the day comes to leave your job.
And real estate does more than just track inflation – it throws off income (which is important to some people and useful to most). And while your underlying asset is appreciating, the income also grows as rents increase over time. And if you make smart and well-timed purchases, both rents and asset values can increase at well above the rate of inflation.
However, the RI-based approach is most appropriate when a firm is not paying dividends or exhibits an unpredictable dividend pattern, and / or when it has negative free cash flow many years out, but is expected to generate positive cash flow at some point in the future. Further, value is recognized earlier under the RI approach, since a large part of the stock's intrinsic value is recognized immediately – current book value per share – and residual income valuations are thus less sensitive to terminal value.[5]
7. Royalties: the creation of music, books, inventions, machines, patents. A royalty is something you have sold or created and put it on a platform that you do not run and then receive compensation based on when the item is purchased or used. Most of us do not have the potential to quickly create royalty streams. Not to say you couldn't specialize in something and write an ebook or if you are musically inclined you couldn't write a song, but to create true residual income, that is going to take a lot of effort and skill. This is the purest form of passive residual income, if you can achieve it.
Add Leverage (Mortgage) and you greatly increase the ROI especially from the perspective of using Rents (other peoples money) to pay down the mortgage and increase your equity in the property over time. At this point then yes price appreciation is secondary bonus and we have an arguement of how and why Real Estate can be better than Growth Stocks in some scenarios and for some investors.
I actually spent a year and a half working as an affiliate marketer (mostly selling drumming related products – lessons, kits ect). 5 years on and one of my one page sites (which I've not touched) still nets me about $150 a month. I won't be retiring off that but only really now appreciate the reverse pyramid approach to entrepreneurship (working for nothing initially but later being paid without effort!)
Buy side Control premium Demerger Divestment Drag-along right Management due diligence Managerial entrenchment Minority discount Pitch book Pre-emption right Proxy fight Post-merger integration Sell side Shareholder rights plan Special-purpose entity Special situation Squeeze-out Staggered board of directors Stock swap Super-majority amendment Tag-along right Takeover Reverse Tender offer
Hello! My name is Tamira Hamilton and I blog about the business of beauty. Welcome to my website. Here you will find all the information relevant to becoming a successful beauty entrepreneur as well as the hottest makeup looks and trends. I am here to be your resource, so if you have any questions at all, please click "Contact" from the navigation bar.
The goal of EVA is to quantify the charge, or cost, of investing capital into a certain project or firm and to then assess whether it generates enough cash to be considered a good investment. The charge represents the minimum return that investors require to make their investment worthwhile. A positive EVA shows a project is generating returns in excess of the required minimum return.
I do remember you mentioning that & how it was your ticket to exit softly and give you time to build the passive income side. Most likely when I do exit it will either be through a sale of the business which would come along with a employment contract or if a worthy successor(s) can take it over, then the business is just another annuity throwing off income. Anyway, I'd enjoy writing a guest article after I survive the next few weeks of work and weddings.
I'm feeling inspired! I've been a PT for 19 years and I feel I have so much experience to offer but have been so intimated by starting a blog. I also subscribed to Michelle's website but wasn't sure it was for real. Is it for real? After reading this I feel like it's time to take the plunge, I need to start a blog, I have so many ideas and even course ideas. I want to get away from the paperwork that plagues our healthcare system but not leave the field so the blog just might be the answer. I've been a landlord for 15 years now, great investment for sure, renters paid for the down payment of our house and should hopefully help pay for our kids college. I'd love to have one more! Thank you for the inspiration, wish me luck with my blogging!


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text: Theresa May and Nicola Sturgeon have held their first meeting since Sturgeon called for a second referendum on Scottish independence. The meeting was described as "cordial" and "businesslike". Earlier May used a visit to the Department for International Development office in East Kilbride to say she would never allow the union of England and Scotland to become "looser and weaker". (See 12.59pm.) Labour's Scottish MP Ian Murray said: It is risible for Theresa May to say she wants the UK to be 'more united' when she, her party and her government have done so much to divide it. The prime minister says she will not allow the UK to become looser or weaker; yet she herself has helped loosen and weaken it. If we emerge stronger and more unified from the Brexit process, it will be no thanks to her and the Tory Brexit fanatics whose every wish and whim she harbours. Labour's Sir Keir Starmer (see 2.58pm) and Ukip's Paul Nuttall (see 4.28pm) have both, separately, set out six tests that they wil


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Team »
Reanimated Skeletons appears in 55 issues.
A six-armed servant of Baron Dark.
The main villain of the series Skeleton Warriors.
Villain in Scooby-Doo.
Baron Dark's slave, from the series Skeleton Warriors.
Personification of Death. One of the Four Horsemen of the Apocalypse.
An enemy from Skeleton Warriors.
As the Pumpkin King, Jack's duty is to oversee the Halloween Celebrations in Halloween Town. One year, however, he got bored with Halloween and tried to take over Santa's job. Although he only meant well, Jack almost ruined Christmas in the process.
The Kristopher's cursed butler to serves the family for eternity.
A powerful sorceress and villain from the series Skeleton Warriors.
Five skeletons that can join in one. Enemies of the Paladins.
Scary Godmother's reanimated skeleton friend.
Undead warrior brought back to life by Ultratech. Appeared in the Killer Instinct video games and comic book
A villain in Scooby-Doo.
Member of the Bookburner's Army.
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Contact: Laura Clark Democratic & Civic Services Manager
Webcast: Watch or listen to the meeting online
Declarations of Interest
At this point, Members are asked to declare:
· any personal interests not included on the Register of Interests
· any prejudicial interests or
· any disclosable pecuniary interests
which they may have in respect of business on this agenda.
Appointment of Lord Mayor
To appoint a Lord Mayor for the 2019/20 Municipal Year.
Appointment of Sheriff
To appoint a Sheriff for the 2019/20 Municipal Year.
Appointment of Deputy Lord Mayor
To appoint a Deputy Lord Mayor for the 2019/20 Municipal Year.
Formal Business of Council - Allocation to Seats and Appointments to the Council Structure and Other Bodies for 2019/20 and Allocation of Motions PDF 147 KB
To receive a report which asks Council to:
1. Agree the allocation of seats in accordance with Annex A; and
2. Approve appropriate nominations to Committees and other bodies, as well as appointments to Chairs and Vice-Chairs, as set out in this report and its annexes, together with details of any further appointments which may be circulated prior to the meeting; and
3. Approve the proposed allocation of motions for consideration at Ordinary Full Council meetings for the period 2019-2023.
Additional documents:
Urgent Business
Any other business which the Chair considers urgent under the Local Government Act 1972.
Democratic & Civic Services Manager
Laura Clark
Contact details:
· Telephone – (01904) 552208
· Email: firstname.lastname@example.com


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The International Union for Conservation of Nature (IUCN) has assessed the Caribbean reef shark as Near Threatened; its population has declined off Belize and Cuba from overfishing and exploitation continues in other regions. They are also threatened by the degradation and destruction of their coral reef habitat.[1] Commercial fishing for this species is prohibited in United States waters.[4] They are protected in the Bahamas due to their significance to ecotourism, as well as in a number of Marine Protected Areas (MPAs) off Brazil and elsewhere. However, enforcement against illegal fishing is lacking in some of these reserves, and many areas in which this species is abundant are not protected.[1]
The grey reef shark (Carcharhinus amblyrhynchos, sometimes misspelled amblyrhynchus or amblyrhinchos)[2] is a species of requiem shark, in the family Carcharhinidae. One of the most common reef sharks in the Indo-Pacific, it is found as far east as Easter Island and as far west as South Africa. This species is most often seen in shallow water near the drop-offs of coral reefs. The grey reef shark has the typical "reef shark" shape, with a broad, round snout and large eyes. This species can be distinguished from similar species by the plain or white-tipped first dorsal fin, the dark tips on the other fins, the broad, black rear margin on the tail fin, and the lack of a ridge between the dorsal fins. Most individuals are less than 1.9 m (6.2 ft) long.
The Caribbean reef shark occurs throughout the tropical western Atlantic Ocean, from North Carolina in the north to Brazil in the south, including Bermuda, the northern Gulf of Mexico, and the Caribbean Sea. However, it is extremely rare north of the Florida Keys. It prefers shallow waters on or around coral reefs, and is commonly found near the drop-offs at the reefs' outer edges.[4] This shark is most common in water shallower than 30 m (98 ft), but has been known to dive to 378 m (1,240 ft).[1]
These biotic reef types take on additional names depending upon how the reef lies in relation to the land, if any. Reef types include fringing reef, barrier reefs, as well as atolls. A fringing reef is a reef that is attached to an island. A barrier reef forms a calcareous barrier around an island resulting in a lagoon between the shore and the reef. An atoll is a ring reef with no land present. The reef front (ocean side) is a high energy locale whereas the internal lagoon will be at a lower energy with fine grained sediments.


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Beautiful girl Barbie needs a make up. in this game you can make up real Barbie with real makeover pruducts. First give Barbie a real facial care. At the end of game you can dress up Barbie with real clothes. Oh Yeah! Barbie Real Make Up is one of the best Barbie Games and ... a lot of fun is waiting for you in this game, play Barbie Real Make Up flash game online, the game that many players have chosen it as their favorite, make your comparision and we hope you enjoy it. Remember that we offer you the best and funniest games and the biggest collection of games in the world to play online. Read more
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Kitchen Backsplashes / September 6, 2018 / Edward Taylor
The kitchen backsplash is placed on the kitchen wall between the countertops and the wall cabinets. It is meant to protect the walls from staining, especially in the zones close to your sink and stove, the places where you cook, clean, and prepare food. While your backsplash might stain, the materials it is made from will be very easy to clean and maintain.
If you want your backsplash to look as if it's made of wood without actually using this material in the kitchen, the solution couldn't be simpler: use peel and stick faux wood flooring strips. Working with them is extremely easy. Just measure the space, cut them to size and stick them onto the wall. Finish the project with your choice of paint color, apply two coats and enjoy the new look.
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The team at Bellz & Whistlez approach each wedding (and the bride, groom and their families) with personalized care and attention to meet their needs - so they become guests at their own event! "Wow" factors of creative design, highly organized coordination and the most friendliest and down-to-earth coordinators make this company ring loud!!
Vote: BEST Wedding Planner
The 2017 San Diego A-List awards are based on more than 37,000 votes from local San Diego-area experts.
Best Sports Bar ⋅ Best Pet Photography ⋅ Best Family Entertainment ⋅ Best Irish Pub ⋅ Best Theatre Group