A.V.POTDAR,J. - (1.)APPELLANTS are convicted in Sessions Case No.49/2007 by the Additional Sessions Judge, Jalgaon vide his judgment and order dated 02/04/2008 and convicted the appellants for the offence punishable u/s. 143 of The IPC, and sentenced to suffer R.I. for 3 months and to pay a fine of Rs.500/- each i.d. to suffer R.I. for one month. The appellants were also convicted for the offence punishable u/s. 147 of The IPC and sentenced to suffer R.I. for 3 months and to pay a fine of Rs.500/- i.d. to suffer R.I. for one month. The appellants were also convicted for the offence punishable u/s. 148 of The IPC and sentenced to suffer R.I. for 3 months and to pay a fine of Rs.500/- i.d. to suffer R.I. for one month. The appellants were also convicted for the offence punishable u/s. 149 r/w. 302 of The IPC and sentenced to suffer life imprisonment and to pay a fine of Rs.5,000/- i.d. to suffer R.I. for one year, and also convicted u/s. 149 r/w. 324 of The IPC and sentenced to suffer R.I. for one year and to pay a fine of Rs.1,500/- i.d. to suffer R.I. for six months, also convicted for the offence punishable u/s. 149 r/w. 506 of The IPC and sentenced to suffer R.I. for six months and to pay fine of Rs.1,000/- i.d. to suffer R.I. for 4 months. All the substantive sentences ordered to run concurrently. The appellants have questioned the legality of this judgment by the present criminal appeal.
(2.)AT the outset, the case of the prosecution can be summarized as : a) On 02/10/2006, deceased Sudam, injured Vishnu i.e. son of deceased Sudam were working in their field. Complainant Ambadas (P.W.No.1) was also working in his agricultural field which is situated at village Hatadi, Tal.Ghansawangi, Dist. Jalna. At about 3.00 p.m. to 3.30 p.m., or so, complainant Ambadas heard shouts of Sudam, who was working in his field. Hence complainant and one Siddartha Shinde rushed there. He noticed that Ramesh, appellant no.1, Suresh appellant no.2 were assaulting Sudam with an axe in their hand while Ramdas appellant no.3 and Rahul appellant no.4 and one Sheshrao (juvenile accused) were assaulting Vishnu with the sticks in their hand. Ambadas tried to intervene, but was threatened at the hands of appellants not to interfere and not to intervene otherwise he will be also killed. Due to the said assault, Sudam and Vishnu collapsed in their agricultural field, then the assailants ran away from the spot. Initially Ambadas reported the incident to the Police Patil and then the incident was reported in Ghansawangi Police Station. Accordingly, an offence was registered vide CR No.74/2006 initially for the offence punishable u/s. 143, 147, 148, 149, 326, 504, 506 of The IPC. Investigation was handed over to one P.S.I. Jadhav. Injured were taken to Rural Hospital, Ghansawangi from where they were shifted to Civil Hospital Jalna by Police Patil, P.W.No.9 and one Balram Shinde. In the Civil Hospital at Jalna, while taking medical treatment, Sudam expired in the early hours of 03/10/2006. Hence offence punishable u/s. 302 of the IPC was added. b) During the further investigation, Investigation Officer (P.W.No.14) visited the place of incident and prepared spot panchnama (Exh.29), conducted the house search of the accused and during the house search, recovered sticks article no.1 to 3 and axe article no.4, and the said weapons were seized under seizure panchnama (Exh.35). On 03/10/2006, he had recorded statement of some witnesses. c) On 16/10/2006, appellants accused were put under arrest. Blood stained clothes of Suresh accused no.2 and Rohidas accused no.3 were seized under panchnama Exh.39 and Exh.40. On 30/10/2006, seized articles/muddemal property were sent for chemical analysis. During the investigation, post mortem notes (Exh. 55), injury certificates (Exh.60 and 61), and inquest panchnama were collected. Further to the completion of the investigation, a charge sheet against the accused came to be filed. d) After passing necessary committal order, trial against the appellants was committed to the Court of Sessions Jalna. e) Charge was framed by learned Additional Sessions Judge, Jalna against the appellants for the offence punishable u/s. 143, 147, 148, 149 r/w. 302, 149 r/w. 323, 149 r/w. 504 and 149 r/w. 506 of The IPC, to which the appellants pleaded not guilty and claimed to be tried f) During the trial, to substantiate the charge levelled against the appellants, the prosecution has examined total 14 witnesses including P.W.No.1 Ambadas, brother of the deceased, who is the complainant in this case and also an eye witness. P.W.No.2 Parmeshwar Nagorao Nathbhajan who saw appellants and deceased were working in their field prior to the alleged incident. P.W.No.3 Prakash Pandharinath, the witness to inquest panchnama (Exh.37). P.W.No.4 Bhagwan Bapurao Shinde, witness to the spot panchnama (Exh.29), P.W.No.5 Vandana Ambadas Shinde, wife of the complainant, also claimed to be the eye witness to the incident, P.W.No.6 Vishnu, son of the deceased who is an injured eye witness. P.W.No.7 Ananda Pralhad Shinde, panch witness to the house search of the accused, from where 3 sticks, article no.1 to 3 and axe article no.4 were seized under the panchnama (Exh.35). P.W.No.8 Sayyad Ashpak Sayyad, a panch witness to the seizure panchnama of the clothes of the deceased (Exh.37), seizure panchnama of the clothes of juvenile accused Sheshrao (Exh.38), seizure panchnama of clothes of accused no.4 (Exh.39), seizure of clothes of accused no.2 (Exh.40), P.W.No.9 Acchyutrao Shinde, the Police Patil of the village who took the injured from the place of incident initially to the Rural Hospital Ghansawangi, and then to Civil Hospital Jalna. P.W.No.10 Vilas Waghmare, P.W.No.11 Vitthal Bhale, who has recorded A.D. which is at Exh.52, P.W.No.12 Dr.Sudam Tulshiram Mhetre, who has conducted the autopsy on the dead body of Sudam and the post mortem notes (Exh.55), P.W.No.13 Dr.Dinesh Boralkar, Medical Officer attached to Rural Hospital, Ghansawangi, who had initially examined injured Sudam and Vishnu and issued certificates (Exh.60 and 61), P.W.No.14 A.P.I. Deshmukh. Prosecution also tendered C.A. report at Exh.69. g) Defence of the appellants is of total denial. According to them, as the case under the Atrocities Act was filed against the complainant and injured Vishnu, they are falsely implicated in this case. h) After appreciating the evidence lead by the prosecution, learned Lower Court pleased to convict the appellants and sentenced them as stated in para no.1 of this judgment, which is impugned in this appeal. Learned Lower Court has accepted the testimony of the eye witnesses in the light of medical evidence laid by the prosecution. i) With the assistance of learned defence counsel and learned APP for State, we have perused the impugned judgment as well as the record and proceedings received from the Lower Court.
Considering the charges faced by the appellants, first it is necessary to consider the medical evidence given before the Trial Court. It is not seriously under dispute that initially the injured were taken to the Rural Hospital, Ghansawangi, from where as per medical advice of the Medical Officer, Rural Hospital P.W.No.13, injured were then taken to Civil Hospital at Jalna where injured Sudam was expired while he was under treatment. a) It transpired from the evidence of P.W.No.13 Dr.Dinesh that on 02/10/2006, he was attached to Rural Hospital Ghansawangi as Medical Officer. Injured Sudam and injured Vishnu were referred to him by Ghansawangi Police Station. On examination of Sudam, he had noticed following injuries on his person. 1) Multiple incised wound on occipital and parietal bone 2) Incised wound on right leg middle 1/3rd anterior aspect. Accordingly he had issued injury certificate at Exh.60. According to him, the injuries noticed by him are possible due to sharp weapon like article

Axe. On examination of Vishnu, he had noticed following injuries: 1) Abrasion on head. 2) Blunt trauma on right and left leg. Accordingly he had issued medical certificate at Exh.61. According to him, these injuries are possible due to blunt object like Article no.1 to 3 i.e. sticks. In the cross examination of this witness, suggestions were given that as per medical certificate Exh.60 and 61, injuries are simple in nature. Witness has also admitted that considering the hollow part of Article no.1 to 3, the bluntness of injury, impact of blow will be lesser than the blow of this stick. b) P.W.No.12 Dr.Sudam Mhetre has conducted the autopsy on the dead body of Sudam on 03/10/2006 in between 10.40 a.m. to 11.40 a.m. in Civil Hospital, Jalna and noted following external and internal injuries on the dead body of Sudam which he had mentioned in column no.17 and 19 of the post mortem notes Exh.55. 1) C.L.W. of size 4 x 2 cm. Skin deep over shin of right tibia which was in vertical direction. 2) Contusion over dorsum of right foot of size 5 x 4 cm. it was irregular. 3) C.L.W. over right phalangeal web between right index and right middle finger of size 5 x 2 cm. It was skin deep and irregular. 4) C.L.W. over left parietal region of size 5 x 2 cm. It was skin deep and vertical in sagittal plane.

(3.)) Contusion over left side of chest over 5,6,7 and 8 rib of seize 5 x 3 cm. it was irregular.
) Contusion over left upper arm of size 7 x 2 cm. on lateral aspects it was oblique in direction.