VINAY JOSHI, J. - (1.)Heard.
(2.)Total seven accused were tried for the offence punishable under Sec. 302 read with Sec. 149, 143, 147, 148 of the Indian Penal Code in Sessions Trial No. 223/2014. After full-fledged trial, the Trial Court has convicted accused No. 2 Sandesh @ Golu, accused No. 3 Kamesh, accused No. 4 Akash @ Bittu, accused No. 5 Kunal and accused No. 7 Shekhar for the offence punishable under Sec. 302 read with Ss. 149, 143, 147, 148 of the Indian Penal Code whilst acquitted accused No. 1 Rajesh and accused No. 6 Shailesh from all the charges. The convicted accused have been sentenced to undergo imprisonment for life along with fine, for the offence punishable under Sec. 302 read with Sec. 149 of the Indian Penal Code. They were separately punished for the offence punishable under Ss. 143, 147, 148 of the Indian Penal Code. The Trial Court directed that all sentences shall run concurrently. The judgment and order of conviction dtd. 7/1/2017 led convicted accused to file five separate appeals under Sec. 374 of the Code of Criminal Procedure challenging the order of conviction. Likewise, acquittal of accused Nos. 1 and 6 has been quashed by the victim (mother of deceased) in Criminal Appeal No. 615/2017.
(3.)The prosecution case in brief is that the accused have formed unlawful assembly and in pursuance of common object of the assembly, committed murder of one Rupesh @ Pappu Kale by means of sharp edged weapons on 14/1/2014 around 08.30 p.m. Crime was registered at the instance of report lodged by PW-9 Avinay Ganwir on 14/1/2014 around 10.10 p.m. The informant stated that on 14/1/2014, around 08.30 p.m., he was with is friend PW-3 Pravin Bobate, at later's residence at Indira Nagar, Jaripatka, Nagpur. At the relevant time, deceased Rupesh came and fell in front of the house of Pravin in seriously injured condition. Deceased was followed by assailants who again assaulted him. They were accompanied by four unknown persons. The informant and his friend PW-3 Pravin came out of the house, and saw that the assailants beat Rupesh by means of sharp edged weapons and fled. The informant identified the assailants as accused No. 4 Akash @ Bittu, accused No. 5 Kunal and accused No. 7 Shekhar. The injured Rupesh sustained several bleeding injuries all over his body. Immediately, informant and his friend Pravin, shifted injured Rupesh to Mayo Hospital by auto-rickshaw. Thereafter, informant went to concerned Jaripatka Police and lodged report. On the basis of said report regarding commission of cognizable offence, the Police registered Crime No. 24/2014 and carried investigation.