Dr. Shalini Phansalkar Joshi, J.

1. Both these Appeals take an exception to the Judgment of Extra Joint Ad-Hoc Additional Sessions Judge, Thane, dated 28th November, 2011 in Sessions Case Nos. 243 of 2007 and 15 of 2008. By the said Judgment, the Appellants are convicted for the offence punishable under Section 396 of the IPC and sentenced to suffer imprisonment for life and to pay fine of Rs. 5,000/-, each, in default to suffer S.I. for one year. They are further convicted for the offence punishable under Section 332 r/w. 34 of the IPC and sentenced to suffer R.I. for three years, with a further conviction for the offence punishable under Section 37 r/w.135 of the Bombay Police Act and sentenced to suffer S.I. for one month and to pay fine of Rs. 100/-, each, in default to suffer S.I. for eight days, with a direction that all the substantive sentences of imprisonment shall run concurrently. Appellants in Criminal Appeal No. 24 of 2012 are original Accused Nos. 1 to 4, whereas, Appellant in Criminal Appeal No. 674 of 2012 is original Accused No. 6.

2. As both these Appeals are arising out of the one and same Judgment, they are being decided by this common Judgment. For the sake of convenience, the Appellants are referred to by their original nomenclature.

3. Facts, as are necessary, for deciding these Appeals can briefly be stated thus:--

"On 26th February, 2007, PW-3 Subhash Patil was working as 'Security Guard' in third shift at M.S.F.B., Airoli. PW-4 Sadashiv Barate and PW-24 Sunil Katkar were also on duty along with him at the same campus. Deceased Police Constable Gopal Vasant Saindane was on duty at Gate No. 4. At about 1:45 am. when PW-3 Subhash Patil and PW-4 Sadashiv Barate were patrolling, they noticed some suspicious movements of three persons. PW-3 Subhash Patil blew the whistle and tried to chase those three persons. Deceased Police Constable Saindane and PW-24 Sunil Katkar came to their help. They caught hold of two thieves from the spot. However, one of them ran away. The third thief tried to run away by jumping over the wall. Deceased Police Constable Saindane caught hold of him and pulled him down. The said thief shouted for help. Thereupon, other persons, who were outside the wall, jumped inside and assaulted Police Constable Saindane with knife and other witnesses with stones. Then they succeeded in running away from the spot, committing the theft of scrap articles belonging to M.S.E.B. Police Constable was Saindane then shifted to Life Line Hospital and then to Indravati Hospital. In the incident. PW-3 Subhash and PW-24 Sunil also sustained injuries and were referred to the hospital for treatment."

4. PW-3 Subhash Patil then went to Rabale Police Station and lodged complaint against those accused persons. On his complaint (Exhibit-73). C.R. No. 1-80 of 2007 came to be registered. During the course of investigation. PW-26 PI Dinkar Kane went to the spot and drew the Scene of Offence Panchanama (Exhibit-70) in the presence of the Panch PW-2 Vijay Deshmukh. Under the said Panchanama, he seized various articles lying on the spot, like, the pair of sleepers, blue coloured shirt, black half shirt, the blood stained stones and the simple mud.

5. Meanwhile, as PW-26 PI Kane received information that injured Police Constable Saindane has succumbed to the injuries, he collected the Inquest Panchanama (Exhibit-86), which was made by PSI Kadam in the presence of the Panch PW-7 Maruti Surose. He also seized the clothes of deceased Saindane under Panchanama (Exhibit-100), which were produced by Police Head Constable. On the same night, he arrested the three accused viz. Accused No. 2-Ravi, Accused No. 3-Gopi and juvenile in conflict with law Ajay Sable. He seized the clothes on their person under Panchanama (Exhibit-82) in the presence of the Panch PW-6 Jagannath Patil. On 28th February, 2007, PW-26 PI Kane again went to the spot along with two Panchas and collected dust from the wall under Panchanama (Exhibit-104) in