(1.) Both these appeals are filed by original accused Nos. 1 and 2 challenging their conviction in Sessions Case No.39 of 2012 by the learned Additional Sessions Judge, Beed on 12/5/2016 after holding them guilty of committing offence under Sec. 302, 326 read with Sec. 34 of the Indian Penal Code.
(2.) It is the prosecution story that an information was received by Neknoor Police Station that the person was murdered and his dead body was lying in Kacharwadi Ghat. Therefore, police inspector Dinkar Damble, PW-21 went to the spot. He prepared inquest panchnama as well as spot panchnama. One motorcycle bearing No. MH-U-5909, one Samsung mobile, pair of sleeper, were seized from the spot along with the blood stained soil as well as plain soil. Dead body was sent for postmortem. The call details in respect of the mobile were taken and during the investigation it was revealed that the said mobile belongs to deceased Yeshwant Mohite. In the said mobile there were some objectionable photographs of deceased Yeshwant with accused No.4. Accused No.4 is the wife of accused No.1. The said incident had taken place on 22/12/2011.
(3.) It is the further prosecution story that it was then revealed that one Pandurang Markad was along with the deceased Yeshwant. He was admitted in Civil Hospital, Beed as injuries were received by him. Till 11.00 p.m. on that day i.e. 22/12/2011, he was in the Civil Hospital, however, thereafter he was shifted to Dr. Bembde Hospital, Aurangbad, where he was admitted for about seven days. When he was in Civil Hospital, Beed, at that time his statement was recorded by police and it has been treated as First information Report (for short "FIR"). In the said FIR, he had given names of the accused assailants as - 1) Gajanan Sajgane, 2) Sakharam Mohite, 3) Krishna Mohite and 4) Sunil Mohite, and two unknown persons. On the basis of said statement, the offence vide Crime No.149 of 2011 came to be registered and investigation was started. Thereafter supplementary statement of Pandurang has been recorded on 7/1/2012 and in the said supplementary statement he told that the persons whose names he had disclosed in the FIR were not the assailants but, Rahul Gokul Shinde, Ashok Shahadeo Shinde, Nilesh Raosaheb Pawar were the assailants and therefore, those persons came to be named as accused. Accused No.1 came to be arrested on 24/12/2011 and accused No.4 came to be arrested on 25/12/2011. Accused Nos. 2 and 3 came to be arrested on 26/12/2011. In the meantime panchnama of the spot came to be executed and the statements of the witnesses were recorded. After the arrest of accused persons, weapon came to be seized under the discovery panchnama and identification parade has been held. Some electronic evidence also tried to be collected and the prosecution came with the story that there was love affair between the deceased and accused No.4, prior to her marriage with accused No.1. Even after the marriage the relationship continued and accused No.4 used to meet deceased, therefore, with the common intention accused No.4 had called the deceased to meet her at village Vaidyakini. When the motorcycle of deceased was in Kacharwadi Ghat, at that time a white Vista car came from behind and gave dash to the motorcycle. As a result of which Pandurang literally got jumped and fell on the road towards left side and deceased Yeshwant, who was driving the motorcycle, was dragged by car at a distance. Thereafter the accused persons got down from the car, went towards the deceased and assaulted him by sword. Injured Pandurang had tried to go towards the deceased but he was assaulted and therefore in order to rescue himself, he jumped into the valley and went down. However, while going down he had seen towards the deceased and found that the accused were assaulting him. After he went down to the valley, he gave phone call to Shivaji Mohite, who is the uncle of the deceased and informed him about the incident. He had also met some villagers from Kacharwadi and disclosed the incident to them. As per the prosecution story, the uncle of the deceased and brother-in-law of injured Pandurang went there and took Pandurang to Phoenix Hospital, Beed. The postmortem report and injury certificates have been collected. The seized articles were sent for Chemical Analyzer and the reports have been received and thereafter the charge-sheet was filed.