SHRIHARI P. DAVARE, J.

Heard learned counsel for the appellants (original accused Nos. l and 2) and the learned APP for the respondent State.

2. The challenge in both the present appeals is to the judgment and order dated 21st November, 2002 rendered by the learned Additional Sessions Judge, Palghar, in Sessions Case No.90 of 1999 thereby convicting the appellant No.1 Alimohammed Ajgaralli Khan and appellant No.2 Shakil @ Sunil Abdul Raheman Khan, for the offence punishable under Section 302 read with Section 34 of Indian Penal Code and sentencing them to suffer imprisonment for life and also convicting them for the offence punishable under Section 307 read with Section 34 of Indian Penal Code and sentencing them to suffer R.I. for 10 years and also convicting them for the offence punishable under Section 397 read with Section 34 of Indian Penal code and sentencing them to suffer R.I. For five years 4 and also convicting them for the offence punishable under Section 341 read with Section 34 of Indian Penal Code and sentencing them 1 to suffer R.I. for one, month and further convicting them for the offence punishable under Section 201 read with Section 34 of Indian Penal code and sentencing them to suffer R.I. For seven years.

3. Briefly stated, the prosecution case, which gave rise to the present appeals, is as follows :-

(i) According to the prosecution, PW-3 Badriprasad Upadhya was working as a Manager of Kameshwar Hotel in Talasari, which was situated at Bombay-Ahmedabad Highway at Talasari and within the boundaries of Ibhad Pada Village and on 27th March, 1999 he was on duty at about 9.30 to 10.00 p.m. one person came in front of the said hotel walking lamely and sat on the railing and his clothes were tied around his throat. Hence, PW-3 Badriprasad thought that the said person might be in drunken condition, and therefore, he met him but saw that blood was oozing from the clothes tied around his throat. Initially, he signaled by hand indicating that somebody assaulted him on his throat by sharp edged weapon and he was unable to speak. Further he also demanded a pen and paper by making signal and hence PW3 provided pen and paper to the said person. Thereafter the said person wrote his name as Shivkumar Tiwari and vehicle No.MH-04/1369 and after noting that, he fell on the ground and became unconscious. 'Thereafter PW-3 Badriprasad informed the said fact to the Talasari Police Station on telephone and thereupon the police personnel came on the spot immediately and took the said person to the hospital for treatment. Thereafter PW-9 PI Wankhede, who was attached to the Talasari Police Station at the relevant time, received the aforesaid telephone call, and therefore, sent PSI Chasalkar and staff to the said spot and removed injured to the hospital who had sustained injury on his neck and was unable to speak. Hence, he recorded complaint of PW-3 and an offence was registered against the unknown person under Section 307 of Indian Penal Code and same was treated as ELR. (Exh. 23) under C.R.No.24 of 1999.

(ii) Thereafter, PW-9 PI Wankhede took over the investigation of the aforesaid C.R. And PW-3 had produced the paper (wrapper Bristol cigarette packet) on which the injured Shivkumar has noted his name, vehicle number as well as telephone number. Accordingly, with the help of aforesaid paper (Exh. 29) PI Wankhede cautioned various police stations and asked them to trace out the vehicle mentioned on the said paper (Exh. 29). Thereafter, he went to the spot and drew the spot panchanama and recorded statements of the witnesses. Pursuant to the aforesaid caution, PW-2 PC Latif Tadavi and his colleague Abbad Shaikh attached to Talasari Police Station caught the container and trailer bearing Registration No.MH-04 1369 at about 3.00 a.m. at Ambagaon Sagri outpost, while passing on highway and coming from Sanjan side, and accordingly, PW-2 PC Tadavi submitted the report to PW-9 PI Wankhede (Exh. 20) and the accused who was driver of