Akshay Shinde, accused in the Badlapur sexual assault case who died in an alleged shootout, had said he would not spare anyone after grabbing a pistol inside a police van, an official claimed on Tuesday.
He retaliated in self-defence as Akshay's demeanor suggested he would kill everyone, said inspector Sanjay Shinde, who shot the accused dead.
Mumbra police registered a First Information Report against Akshay for 'attempt to murder' for opening fire on a police officer.
The FIR is based on the complaint of inspector Sanjay Shinde, investigating officer of the SIT formed to probe the sexual assault of two kindergarten girls at a school in Badlapur, the case in which Akshay (24) was the accused.
In his complaint, inspector Shinde said he was also conducting probe into another offence registered by Badlapur police on a complaint by Askhay's first wife, accusing him of sexual harassment and unnatural sex.
On Monday evening, a police team took Akshay out of Taloja jail for probe of the case filed his wife, the complaint said.
Inspector Shinde sat beside the driver in the driver's cabin, while two constables and Assistant Police Inspector Nilesh More sat in the back of the van with Akshay.
When they reached near Shil-Daighar police station, API More called inspector Shinde and told him that Akshay was asking why they were taking him away and what new crime he had committed. Akshay then started abusing the policemen, so inspector Shinde stopped the van, and went into the back section and sat there with others, the complaint said.
Akshay was flanked by API More and constable Abhijit More. Inspector Sanjay Shinde and constable Harish Tawde were seated opposite.
At 6.15 pm, when the van reached the base of Mumbra Devi temple on Mumbra bypass, Akshay suddenly tried to pull out API More's pistol, the complaint said.
In the ensuing scuffle, the pistol got unlocked and one round got fired; the bullet hit API More who collapsed, the complaint said.
Akshay then seized the pistol, and pointing it at inspector Shinde and the constable, said 'now I will not leave anyone alive', the complaint claimed.
He fired two rounds but they dodged successfully, inspector Shinde claimed.
Akshay's body language suggested he would certainly try and kill everyone in the van, inspector Shinde further said, adding that hence, he fired one round in self-defence which hit Akshay.
The accused fell, and the constables pinned him down while the van drove to Kalwa civil hospital where doctors declared Akshay dead, the complaint said.
Akshay's family has challenged the police's version, claiming that he died in a staged encounter. His father has moved the Bombay High Court seeking a probe by an SIT.
