P.V. Hardas, J. - (1.) CRIMINAL Appeal No. 87 of 2013 has been filed by the appellant/original accused No. 2 Vinay, who stands convicted for the offence punishable under Sections 302 and 324 of the Indian Penal Code and sentenced to imprisonment for life and to pay fine of Rs. 1000/ -, in default to undergo further rigorous imprisonment for six months and rigorous imprisonment for one year and to pay fine of Rs. 1000/ -, in default to undergo further rigorous imprisonment for three months by Sessions Judge, Nanded, by judgment dated 31/01/2013 in Sessions Case No. 150 of 2011.
(2.) CRIMINAL Appeal Nos. 195 of 2013 and 385 of 2013 have been filed by the State and mother of deceased Vishal questioning the acquittal of original accused No. 1 Vijay for the offence punishable under Sections 302 and 324 of the Indian Penal Code. Since all three appeals arise out of the same judgment of the trial Court, these appeals are being decided by this common judgment. The facts, as are necessary for the decision of these appeals may briefly be stated thus: PW -2 Police Constable Rajkumar Kamble, who was attached to police station, Bhagyanagar and who was on duty from 8 -00 a.m. to 2 -00 p.m. on 05/06/2011 was proceeding home after completion of his duty at about 3 -00 p.m. PW -2 Police Constable Kamble was residing in police colony at Shrinagar. When he reached near his building, he noticed deceased lying by the side of the road near garden having sustained injuries with blood oozing from the injuries. PW -2 Kamble also noticed one person standing beside the injured, who informed PW -2 Kamble that the persons residing in police colony i.e. original accused Nos. 1 and 2 had caused injuries to deceased and accused were fleeing away from the scene of the incident. PW -2 also noticed the accused fleeing from the scene of incident from the distance of 15 to 20 feet. PW -2 then chased the accused and successfully nabbed the appellant, who was running with a blood stained dagger in his hand. The other accused i.e. accused No. 1 Vijay successfully managed to evade PW -2 Kamble. According to PW -2 Kamble, the accused are sons of police personnel and were also residing in police colony and therefore, was acquainted with them. After accused No. 2/appellant was apprehended with the blood stained weapon, he was brought to Bhagyanagar police station. In the meantime, after arrival of PW -12 P.I. Tare, the accused was handed over to Police Constable Dhavale. PW -12 P.I. Tare instructed PW -2 Kamble and other police constable to produce the appellant alongwith weapon after arrival of Additional Superintendent of Police. The Additional Superintendent of Police arrived at police station at 07 -50 p.m. and the appellant was produced before the Additional Superintendent of Police.
(3.) PW -12 P.I. Tare, who was also attached to Bhagyanagar police station, Nanded had been instructed to be on bandobast at I.T.I. T point, Nanded. While he was at I.T.I. T point, he received information from PW -2 Kamble about the incident, wherein two persons were assaulted and one of the injured was serious. He accordingly rushed to Snehnagar police colony and noticed one boy lying at right side on the road in police colony. He also noticed persons who had assembled there. The injured disclosed his name as PW -6 Nitul Chavan. The injured were then carried to medical hospital by PW -12 P.I. Tare. The Medical Officer pronounced one of the injured as dead. The other injured PW -6 Nitul was administered first aid in the hospital and was thereafter taken to police station for recording his statement. PW -12 P.I. Tare accordingly reached the police station at about 4 -40 p.m. and took entry in station diary. He was informed by PW -2 Kamble that accused No. 2 Vinay had already been brought to police station. The appellant/accused No. 2 Vinay was in possession of a blood stained dagger. The statement of injured Nitul was recorded at Exhibit -49. On the basis of statement of PW -6 -Nitul, offence vide Crime No. 142 of 2011 under Sections 302, 324 read with Section 34 of the Indian Penal Code and under Section 4(25) of Arms Act was registered. On 05/06/2011 Additional Superintendent of Police Paramjeetsing Dahiya had brought accused No. 1 Vijay to police station and entry was accordingly taken about his arrest. Simultaneously, entry regarding arrest of accused No. 2 Vinay was also taken in station diary.;