DEEPAK BALKRISHNA NAIK Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) BOTH the appellants, original accused Nos. 1 and 2, have preferred this appeal against the Judgment and Order dated 1. 12. 1998 passed by Additional Sessions Judge, Kalyan in Sessions Case No. 12 of 1997, wherein they were convicted for offence punishable under Section 302 r/w 34 of I. P. C. and were sentenced to suffer life imprisonment and to pay fine of Rs. 1000/- in default to suffer R. I. for three months. They were, however, acquitted of all other offences under Sections 147, 148, 302 r/w 149, 307 r/w 149, 307 r/w 34 of IPC and u/s 27 (2) of the Arms Act along with other three accused persons.

(2.) THE facts giving rise to the present case, in brief, are thus

(3.) ONE Tanaji Koli was lodged in the prison at Amrawati as an under trial prisoner and he was to be brought from Amrawati to Mumbai for being produced in the court in Mumbai to attend one sessions case. Police Constable Dilip Nirapure, Police Constable Mankar and Police Head Constable Bhatkar brought the prisoner Tanaji Koli from Amrawati to Mumbai and he was produced before the court in Mumbai on 17. 9. 1993. On the same day prisoner Tanaji Koli was remanded to judicial custody by the court and case was adjourned to 1. 10. 1993. It is the case of the prosecution that the said prisoner was taken to the court at V. T. by taxi to contact his advocate. Thereafter the prisoner was brought to V. T. Station along with police squad and boarded in Special Compartment adjoining to engine of Vidharbha Express. The train left the V. T. Station at about 7. 35 p. m. Police Constable Nirapure, Police Constable Mankar and Police Head Constable Bhatkar along with the said prisoner were sitting in the compartment. There was nobody else in the said compartment. The prisoner was sitting by the side of luggage facing towards engine. Police Constable Mankar was sitting by the side of the said prisoner. Head Constable Bhatkar was sitting in front of the prisoner and Complainant Nirapure was sitting by the side of Police Head Constable Bhatkar holding a loaded stain-gun. The train reached at Kalyan Railway Station at about 9. 00 p. m. at that time about 6/7 persons suddenly opened fire through the window at Tanaji Koli, who was sitting by the side of window. The prisoner was injured and fell in between two benches in the compartment. Head Constable Bhatkar and Police Constable Mankar also sustained bullet injuries. Complainant Nirapure-Police Constable ran towards the door of the compartment and was about to chase the assailants but they fled away. There was a commotion and some persons chased the assailants. The complainant could not open the fire since peoples were chasing the assailants. The assailants had fired for about a minute continuously. The Railway Police gathered there and Police Head Constable Bhatkar, Police Constable Mankar and prisoner and one of the assailant who was nabbed by the police were taken to the hospital. The assailant apprehended at the railway platform is shown as Accused No. 1 i. e. Deepak Naik. Police Head Constable Bhatkar, Police Constable Mankar and accused No. 1 were treated in the hospital and they were sent to Central Hospital, Ulhasnagar. Prisoner Tanaji Koli was declared dead by the medical officer. Head Constable Bhatkar also died while under treatment at the hospital. Thereafter Constable Nirapure went to Kalyan Police Station and lodged his complaint.