- (1.) Original Accused No.1, 2 and 4 have preferred these separate Appeals challenging the Judgment dated 14th December, 2007 in Sessions Case No.117 of 2006 delivered by the Ad-Hoc Additional Sessions Judge-4, Satara. By the impugned Judgment, they have been convicted for the offence punishable under Section 302 r/w. 34 of the IPC and sentenced to suffer R.I. for life and to pay fine of Rs.2,000/- each, in default to suffer further R.I. for 6 months, and for the offence punishable under Section 323 r/w. 34 of the IPC and sentenced to suffer S.I. till rising of the Court and to pay fine of Rs.100/- each, in default to suffer further S.I. for 10 days.
(2.) Brief facts of the Appeals can be stated as follows :- On 27th November, 2005, at about 10 pm, PW-1 Vidyadhar Kanhere had gone to Hotel Cindrella Inn for dinner along with his friend Kumar Sawant. Kumar Sawant phoned PW-3 Mahendra Jadhav and called him also there for discussion of Balaji trip. Kumar Sawant informed PW-3 Mahendra on phone that Kishor Kadam was also coming for dinner. After arrival of PW-3 Mahendra and deceased, PW-1 Vidyadhar ordered dinner. As half an hour was required for complying with the order of dinner, they were taking cold drink.
(3.) At about 10:30 pm, 7 boys came in the hotel and sat on the nearby table, drinking liquor and beer. One of them, who is later identified as Accused No.4 Iqbal, demanded charger to PW-1 Vidyadhar and on that count, altercations ensued between those boys and PW-1 Vidyadhar and his friends. To avoid the quarrel, PW-1 Vidyadhar and his friends decided to leave that place. Hence, they cancelled the order of dinner, paid the charges of cold drink and started going out of the hotel. While they were leaving the table, again there were altercations between deceased and those boys. When they reached at the door of the hotel, acquitted Accused No.3 Bandu Rajmane and Original Accused No.4 Iqbal Zende came there and again there was hot exchange of words between them and deceased. Out of those boys, the boy wearing blue jerkine, who is later identified as Accused No.1 Jahir Shaikh, and another boy wearing cream colour shirt, later identified as Accused No.2 Mustaq, came there. Accused No.1 caught leg of Kumar Sawant and fell him down. PW-3 Mahendra intervened. Accused No.1 Jahir pushed PW-3 Mahendra. Again there was scuffle between Accused No.1 Jahir and the deceased. During that scuffle, both fell down. Accused No.1 Jahir sustained injury on his eye and he and Accused No.4 Iqbal started beating the deceased. They also rushed towards PW-1 Vidyadhar and PW-3 Mahendra. To escape from the assault, deceased started running towards Ajinkya Vasahat. Thereupon, Accused Nos.1 and 2 followed him. Accused No.1 assaulted the deceased with stone on his head. After the assault, all the boys, including these three Accused, ran away from the spot.;