RAJU Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) These two appeals arise out of the Judgment in Sessions Trial No.86/2012 and therefore, the same are being disposed of by common Judgment. The appellants have challenged the Judgment and order dtd. 13/04/2016 passed by the learned Additional Sessions Judge, Malkapur, whereby the learned Additional Sessions Judge convicted and sentenced the appellants for the offences punishable under Ss. 302, 307, 353, 201 of the Indian Penal Code and under Sec. 25 of the Arms Act, 1959. The sentences awarded to them are as follows :-

(2.) Dipak @ Golu Ananda Tayade was arrayed as accused No.1 (hereinafter referred to as 'Golu'). Raju @ Mukesh Punamchand Dangre (Patel) was arrayed as accused No.4 (hereinafter referred to as 'Raju'). The remaining accused namely accused Nos.2 and 3 have been acquitted by giving the benefit of doubt. The State has not preferred appeal against the order of their acquittal.

(3.) A crime bearing No.5/2011 for the commission of offence under Sec. 307 read with Sec. 34 of the Indian Penal Code and under Sec. 3/25 of the Arms Act, 1959 was registered at Kholapuri Gate Police Station, Amravati against Golu and others. PW-2 Sanjay Ramrao Deshmukh (P.I.) was conducting the investigation of the said crime. The wanted accused in the said crime Rahul Rajput and Lokesh Thakur were arrested on 14/01/2011 from Burhanpur and brought to Amravati. PW-2 Sanjay Deshmukh received the information that the wanted accused Golu was residing at Malkapur City. PW-2 Sanjay Deshmukh on the basis of this information decided to proceed to Malkapur. On 15/01/2011 at about 4.45 a.m., PI Sanjay Deshmukh, deceased PSI Sanjay Chaugule, NPC Sanjay Patinge, PC Amar Baghel, PC Vijay Gaharwal, HC Bhaurao Kalane along with the arrested accused Rahul Rajput left Amravati for Malkapur in search of absconding accused Golu. The arrested accused Rahul Rajput was with them because he was knowing Golu. Rahul Rajput informed PW-2 Sanjay Deshmukh that Golu might be found at Malkapur or Bhusawal. The investigation team reached Malkapur at 12.00 noon. The location of the appellant Golu was traced out with the help of his sim card. The sim card used by Golu was in the name of Sandip Jaware. The investigation team reached place of Sandip Jaware. The enquiry made with Sandip Jaware led the investigation team to "Comprint Computers", Shop of one Sancheti. They got the information that Golu was residing at Pant Nagar. They took search at Pant Nagar. Their search revealed that the person possessing the said sim card had recharged his sim card at the Grocery Shop of Rajesh Nimbolkar. Rajesh Nimbolkar on being questioned took them to Pant Wada in Pant Nagar, where the accused Raju was earlier residing. The accused Raju was not found there. Rajesh Nimbolkar gave a call to one Fulsing and called him to that place. Fulsing told the police party that accused Raju who was earlier residing at Pant Nagar, has shifted his residence in a rented premises belonging to one Rashid Coolie. The police got information that the accused Golu had taken shelter with Raju.