Mohammed Rafiq, Bilal Ahamad Fakrulla Khan, Rahim Abdul Ajiz Khan and Shamshulla Khan were sleeping in the shop. At around 2 a.m. to 4 a.m., complainant Shamshulla found that Shabbir was assaulted by Naseem and two stones were lying near his cot. The incident of assault was reported to the police. The police arrived at the spot. Shabbir was shifted to the hospital but was declared dead. At the instance of Shamshulla Khan, an offence was registered at C.R. No. 39 of 2010 at Navasheva Police Station, Navi Mumbai against the appellant/accused and other accused Bhola alias Mohamad Akalak Khan. The police drew spot panchnama, inquest panchnama and arrested the accused persons. Pursuant to the information given by the appellant/accused, the police drew recovery panchnama on 27th July, 2010. The blood stained clothes of the accused were seized and after completion of the investigation, the police filed charge sheet in the Magistrate Court. Thereafter the case was committed to the Court of Sessions, Raigad Alibag. The learned Sessions Judge framed charge against the appellant/accused Naseem and accused Bhola. The prosecution examined 9 witnesses and tendered oral as well as documentary evidence. After considering the said evidence, the learned trial Judge acquitted accused no. 1 Bhola from the offences punishable under sections 302 r/w. 34, 395, 397 and 109 of the Indian Penal Code. However, the appellant/accused no. 2 though was acquitted from the offences punishable under sections 395 and 397 but was
