(1.) THROUGH these appeals, the appellants are challenging the common judgment and order dated 26th February, 1997 passed by the learned Additional Sessions Judge, Brihanmumbai in Sessions Case No. 1271 of 1992 and Sessions Case No. 292/95. By the said judgment and order, they have been convicted for the offence punishable under section 302 read with section 34 of the I. P. C. for causing the death of Anand Dadu Waghmare and sentenced to undergo imprisonment for life and to pay a fine of Rs. 1000/- i. d. R. I. for 1 month. The appellant in Criminal Appeal No. 247 of 1997 is original accused No. 1 and the appellant in Criminal Appeal No. 335 of 1997 is original accused No. 3. For the sake of convenience they shall be referred as accused No. 1 and accused No. 3 respectively.
(2.) BRIEFLY stated the prosecution case runs as under: One Anand Dadu Waghmare (deceased) was residing at room No. 1, Sunkabai Chawl, Karve Nagar, Vikkroli alongwith his family. On 26-3-1992 at about 11. 00 a. m. , he was called out of his room by accused No. 1. Thereafter, they went to the extreme end of the chawl i. e. Sunkabai Chawl where accused No. 2 Ashok Ramji Uttekar and accused No. 3 Surkya @ Suresh Sambhaji Kothavale joined accused No. 1. Suddenly thereafter, they fired bullet shots from a revolver at Anand Dadu Waghmare. This was seen by Anands daughter P. W. 2 Karuna Waghmare and the noise of fire shots was also heard by P. W. 1 Jaya Waghmare, wife of Anand who was in the house at that time. Upon hearing the noise, she came out, there she met P. W. 2 on the way, on reaching the scene of offence, she found Anand was lying in a pool of blood. He was carried to Rajawadi Hospital where he was declared dead. P. W. 1, Jaya Waghmare lodged the complaint (Exhibit 15) with Kanjurmarg Police Station. The offence is registered vide C. R. No. 34/92.
(3.) THE post mortem report Exhibit 23 shows that the deceased died due to shock and haemorrhage due to multiple firearm injuries (unnatural ). The doctor has noted 5 firearm wounds of entry, two firearms wounds of exit and two abrasions.