RAMCHANDRA @ RAM Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) All these three Appeals are decided by this common Judgment because they arise out of the same impugned Judgment and Order. For the sake of convenience, the Appellants are referred to either by their names or by their original status as the 'Accused' before the trial Court. The Appellants faced the trial in Sessions Case No.66/2012 before the learned Additional Sessions Judge, Vasai. The Appellant - Rahim Rais Khan was the original Accused No.1. The Appellant - Roshan @ Chini Dannichand Thakur was the original Accused No.2 and the Appellant - Ramchandra @ Ram Mewalal Yadav was the original Accused No.3. At the conclusion of the trial, the Additional Sessions Judge, Vasai vide his Judgment and Order dtd. 17/11/2014 passed in Sessions Case No.66/2012 convicted and sentenced the Appellants as follows :-

(2.) Heard Dr. Yug Chaudhary, learned Counsel for the Appellant in APEAL/1016/2014; Mr. Sarthak Shetty, learned Counsel for the Appellant in APEAL/1009/2014; Mr. Pachpansingh Gusign for Counsel the Appellant in APEAL/1015/2014; Mr. Anil Galgali, learned Counsel for the Applicant/Intervenor in IA/4978/2024, IA/4979/2024 and IA/4800/2024; Mr. Avinash Naik and Ms. Geeta Mulekar, learned APPs for the RespondentState in APEAL/1009/2014, APEAL/1015/2014 and APEAL/1016/2014 respectively.

(3.) The prosecution case is that, between the night of 15/04/2012 and 16/04/2012, out of a petty quarrel, the Accused No.1-Rahim intercepted the car in which the deceased - Neeraj Singh was travelling with his friends. The Accused No.1 along with the other two accused, damaged the car. They assaulted Neeraj's friends with sticks and caused assault on the deceased with a broken beer bottle and a knife. Neeraj's friends took him first to Alliance Hospital and then on the advice of the Doctor present in the hospital, to a speciality hospital i.e., Orbit Hospital. It is the case of the prosecution that, a Police Officer recorded Neeraj's statement in Orbit hospital in the morning of 16/04/2012 based on which the FIR was registered. The Accused No.1-Rahim was arrested on 18/04/2012. The other two accused were arrested on 20/04/2012. The statements of the eye witnesses were recorded, spot panchanama was conducted. He was shifted to another hospital in Mumbai. He succumbed to his injuries while undergoing treatment in the evening of 16/04/2012.