Vibha Kankanwadi, J.

Present appeal has been filed by the original accused no.01, challenging his conviction for the offences punishable under Section 302 and 394 of the Indian Penal Code, in Sessions Case No. 65 of 2013, by District Judge-4 & Additional Sessions Judge, Ahmednagar, dated 21.10.2015.

2. The prosecution has come with a case, that informant Kusum Dattatraya Vethekar (PW 02) is resident of Ghargaon Khomne, Taluka Shrigonda, District Ahmednagar. She used to reside with her husband, parents-in-law, one son and one daughter. Her husband was serving as driver with M.I.D.C., Ranjangaon Ganpati. He used to visit the house on every Saturday and Sunday. Their house is situated in the field. All of them including her husband had taken dinner around 08.00 p.m. and watched T.V. till 11.30 p.m. on 11.11.2012. Thereafter, she and her husband went to sleep in one room. Her son went to sleep in the middle room. Her parents-in-law and daughter slept in the third room. While going for sleeping, they had locked the gate to the veranda (Padvi) of the house. But the three doors of the house were open. Around 01.00 a.m. of 12.11.2012, she heard shouts of her father-in-law and, therefore, she woke her husband up and they came out. At that time, three thieves came near her, who were holding iron rods. Till then, she saw that her husband was laying down on a cot in the veranda in injured condition. There were blood stains on his clothes.

One of the thieves asked her to give her ornament from the neck and then he himself snatched her Mangalsutra and also silver anklets. Two thieves were standing near gate. One of them went in the room where she was sleeping. He had opened the iron cupboard, took the things from the cupboard out.

Another thief told her that she should open another cupboard, otherwise she should be assaulted by iron rod. But then, he gave blow of the iron rod on her leg. Out of fear, she went to the room where her in-laws were sleeping. At that time, her mother-in-law was in the veranda but father-in-law was found unconscious in injured condition on the cot. His clothes were also soaked in blood. She, therefore, shouted from the window towards the neighbouring house. After her shouts were heard, the thieves ran away. Her son and neighbour Anna Khomne took her husband and father-in-law in jeep for treatment.

Thereafter, she searched for the articles and found that gold and other ornaments, mobile, etc worth Rs. 72,800/- were stolen by those three thieves. Those thieves were talking in Marathi and were between the age group 20 to 22. Out of them, one was heighted and thin. All of them were wearing black colour clothes and half pant. One of them had covered his mouth. Other two were short in height as compared and were thin. Her father-in-law and husband were admitted in Dr. Kalamkar's hospital but her father-in-law was declared dead. She went to Police Station and then lodged the first information report. On the basis of her first information report, offence vide C.R. No. I-139/2012 came to be registered and investigation was undertaken.

3. During the course of investigation, panchanama of the spot was carried out. The inquest panchanama of the dead body of the father-in-law was also carried out and then dead body was sent for post mortem. Statements of witnesses were recorded. Dog squad was called. Around 24.12.2012, secret information was received regarding the names of the accused by the Investigation Officer PW 19 Vishwas Nimbalkar. Earlier to that, by way of statement, son of the informant had produced guarantee card of his wrist watch which was seized by executing panchanama.

Accused no.01 was in custody in another offence and on memorandum statement, he discovered the stolen wrist watch and mobile from Falsundar Mala at Ahmednagar. The test identification parade was held.

On the basis of statement of accused no.01, other accused persons were arrested. Further statements of witnesses were recorded. The third accused t