Vibha Kankanwadi, J.

Present appeal has been filed by the appellant-original accused challenging the Judgment and Order of his conviction in Sessions Case No. 36 of 2013 by the Additional Sessions Judge, Majalgaon, District Beed, dated 29-05-2015, for the offence punishable under Section 302 of the Indian Penal Code, 1860 (for short, "IPC").

2. Brief facts of the prosecution case are as under :-

The informant Akram Khayyum Quadri is the son of deceased Khayyumkhan. He is having three brothers and two sisters. They are resident of Zaregalli, Dharur, Taluka Dharur, District Beed. Deceased Khayyumkhan was serving as a Driver in the Maharashtra State Road Transport Corporation ("MSRTC").

The informant was at home around 10.00 p.m. on 12-01-2013, when he received information that his father is lying on the ground in injured condition near the well in Khanawal Lane.

Therefore, he alongwith brothers and Others went to said place. He found that his father was lying in unconscious state in injured condition. He had sustained injuries to his head, back, face and on neck. Since father was seriously injured, the informant and Others took him to Hospital of Dr. Hazari. After giving preliminary treatment, he was referred to Swami Ramanand Tirth Rural (SRTR) Hospital, Ambajogai. Again he was referred to Ashwini Hospital at Latur. All the while, Khayyumkhan was unconscious, therefore, did not speak with anybody. But, then informant Akram lodged First Information Report (FIR) vide Crime No. 03 of 2013 under Section 307 of the IPC against unknown person.

3. On the basis of said FIR, further investigation was undertaken. The panchnama of spot was carried out, certain articles like simple earth and earth mixed with blood was seized from the spot. On the same day, statements of witnesses namely Fulchand Eknath Mulay and Balasaheb Fulchand Mulay came to be recorded. From the statement of those two persons who stated to be an eye witnesses, it was revealed that when PW.2 Fulchand and deceased Khayyumkhan were chitchatting in Khanawal Lane, at that time, accused No. 1 came and demanded money for consuming liquor to PW.2 Fulchand. Accused No. 1 was alongwith other two persons at that time. Fulchand refused to give money to accused No. 1. Thereupon, accused No.1 had abused and caught hold him. He had then shouted loudly. After hearing shout, his son namely Balasaheb came from the house, which was at a distance to 100 to 150 Meters from that spot and took P.W. 2 Fulchand to house, after rescuing. Khayyumkhan was still there, and thereafter, it is stated that Khayyumkhan was assaulted by the accused persons by means of stick. As involvement of the accused persons was revealed, further investigation was also undertaken. One ASI Suryawanshi was deputed for recording statement of Khayyumkhan. But, after he went to the Ashiwini Accident and Neuro Care Center, Latur, it was revealed by Doctor that patient was not in a position to make a statement. Similarly, said Hospital had given written communication to the Police Station on 15-01-2013 informing about admission and later-on death of Khayyum at about 9.10 a.m. on 15-01-2013. Said intimation was given to Shivajinagar Police Station, Latur. On the basis of it, Accidental Death No. 00 of 2013 came to be registered under Section 174 of the Code of Criminal Procedure, 1973 (Cr.P.C.). Again, ASI Suryawanshi was sent to Latur to prepare inquest panchnama and take the dead body of deceased Khayyumkhan for post-mortem.

Accordingly, inquest panchnama was prepared in presence of two panch witnesses and dead body of deceased Khayyumkhan was sent to the Civil Hospital, Latur, for post-mortem. Medical papers were collected. Accused persons came to be arrested. The clothes of accused No. 1 and 2 came to be seized under seizure panchanama with the help of two panchas. During the period of police custody, accused N