JUDGMENT

Uday Umesh Lalit, J.

1. Leave granted.

2. This appeal at the instance of original Accused No.1, challenges the correctness of the judgment and order dated 24.03.2015 passed by the High Court of Judicature at Bombay dismissing his Criminal Appeal No.700 of 2013.

3. According to the prosecution, Police Naik Nagare (later examined as PW11 in the trial) was robbed of his pistol (service weapon) and walkie talkie set by three persons on 20.12.2005 at about 9.00 pm. Accordingly an FIR was registered on 20.12.2005 in respect of said incident, which FIR in the present proceedings was placed on record vide Exhibit 106. The FIR did not name any person but gave description of all the three persons. The said case was separately tried.

4. On 04.01.2006 PW1-PSI Dabir received a phone call that one injured person was lying near a motorcycle on Mumbai-Pune highway. Said PW1 went to the spot and took the injured to the hospital where he was declared dead. On the basis of motorcycle driving licence found in the trousers of the deceased, he was identified as one Bhima Waghmare. The family members were, thereafter, informed and FIR Exhibit 13 was lodged pursuant to which an offence was register