- (1.) Heard learned counsel for the parties and learned A. P. P. for - State, perused the records, Judgments and Orders passed by the Trial Court.
(2.) The Criminal Appeal No. 349/1994 is against the Common Judgment and order dated-7-7-1994 passed by the 4th Additional Sessions Judge, Nagpur in (1) Sessions Trial No. 435/1992, (2) Sessions Trial No. 618/1992 and (3) Sessions Trial No. 118/1993 acquitting the respondents of the offences under sections 147, 148, 307, 302 read with section 149 of I. P. C. While Criminal Appeal No. 385/1994 is against order passed by the same learned Additional Sessions Judge under section 454 of Criminal Procedure Code challenging the order dated-29-10-1994 wherein the Trial Court has rejected the application filed by applicant-Ravindra Singh for delivery of possession of scooter bearing R. T. O. registration No. MP-04-A-0917, on the ground that the State has preferred appeal in High Court against the order of acquittal. In respect of the incident that took place at the night of 15-5-1992 in which the victim Paramjeetsingh @ Raja was done to death and there was an attempt to commit murder of Prithvipalsingh (P. W.1) who was the brother of deceased, respondent no.1, 2, 3, 4, 5 and 6 were tried in Sessions Trial No. 435/1992 and respondent no.8 - Amarjitsingh Makan was tried in Sessions Trial No. 118/1992 by the learned 4th Additional Sessions Judge, at Nagpur and by common judgment and order dated-7-7-1994, all the respondents came to be acquitted. In brief the prosecution case may be stated as follows : Deceased - Paramajeetsingh, his brother complainant Prithvipalsingh and his other two brothers were running transport business at Nagpur. They also owned garage of Gangabai Ghat at Nagpur. There was dispute between deceased and accused no.3 - Bhupendrasingh @ Boby over money transaction in as much as respondent no.3 owned sum of Rs. 50,000/- to the deceased. Prior to the incident there was quarrel on that issue between deceased and respondent no.3 in which scuffle shirt of deceased was torn. It is stated that this quarrel had taken place on the day of incident around 5. 00 to 6. 00 p. m. when deceased had attended funeral of the son of one Wasudeosingh. Deceased had on his return home at about7. 30 p. m. informed his wife Smt. Harmeet Kaur (P. W.10) about the said incident of quarrel. Thereafter, the deceased left his house for attending his transport business. It is alleged by the prosecution that at about9. 00 p. m. on that day, respondent no.3 - Bhupendrasingh along with other respondents - Narendrasingh @ Kalasingh, Balvindarsingh @ Tony, Gurubindersingh, Bittu @ Gurumitsingh, Raju @ Jasbindersingh armed with swords went to the house of the deceased, they asked his wife whether he was in the house. When they were informed that he was not in the house, respondent retorted saying that they would not have left him alive had he been in the house.
(3.) Then all the accused persons when came to know that he was in the telephone booth which was near his garage located near Kamal Square, Nagpur reached there at about11. 00 p. m. and seeing him in telephone booth at once started assaulting him with swords, which they were armed with, inflicting multiple injuries on his person as a result of which he fell down. His brother - Prithvipalsingh and his servant Vishnu Ramchandra Khadgi (P.W.2) were there. All the accused person assaulted Prithvipalsingh by means of swords inflicting injuries on his person and then they fled away. THEN Prithvipalsingh and P.W.2 Vishnu brought victim to Panchpaoli Police Station at about11. 30 p. m. on their way to the hospital. P. S. I. Gajanan Jaibhaye (P. W.14) who was then attached to the Panchpaoli Police Station enquired with Prithvipalsingh who told him that his brother Paramjeetsingh was assaulted near telephone booth. P. S. I. Jaibhaye seeing that the victim was seriously injured, immediately took steps to remove him to the hospital along with police constable. He also took entry in the station dairy to that effect vide copy Exhibit 158. Thereafter he proceeded towards Meyo Hospital, with a view to record statement of the deceased. When he reached the hospital he was told by doctor the deceased has expired. He then recorded statement of Prithvipalsingh in the hospital vide - Exhibit 71 and after returning to the Police Station registered offence vide Crime No. 316/1992 for offences under section 147, 148, 307, 302 read with section 149 of I. P. C. It was on the basis of that first information report vide Exhibit 161 was drawn. During the course of investigation, postmortem was carried out on the dead body of deceased by Medical Officer - Dr. Pradeep Dixit (P.W.3) who prepared postmortem report - Exhibit 115 in that he noted that injuries 1,2,3,4 and 5 were found on vital parts of the dead body and that these injuries no.1, 2, 3, 4 and 5 were individually sufficient to cause death. After completing investigating, charge-sheets were filed against the respondents and the learned Judicial magistrate First Class, Nagpur committed the case to the court of sessions for trial.;