- (1.)The present criminal Appeal is preferred by original accused Nos. 1 to 5 and 7 challenging the conviction in Sessions Case No. 97 of 1989 dated 7th January, 1995 passed by the Additional Sessions Judge, Kolhapur.
(2.)By the impugned Judgment and order the present applicants were held guilty for the offences punishable under sections 147, 148 and 302 read with section 149 of the Indian Penal Code. For the offence punishable under section 147 they were sentenced to suffer rigorous imprisonment for two years and fine of Rs. 500 and in default to suffer further rigorous imprisonment for three months and for the offence punishable under section 148, they were sentenced to suffer rigorous imprisonment for two years and fine of Rs. 500/- in default to suffer further rigorous imprisonment for three months. For the major offence punishable under section 302 read with section 149 of Indian Penal Code, they were sentenced to undergo imprisonment for life. By the said Judgment and order, appellants were acquitted of the offences punishable under section 337 and 324 read with section 149 of Indian Penal Code.
In the Sessions Case No. 97 of 1989 arising out of the C. R. Nol29 of 1988 registered by Murgood Police Station for the offences punishable under sections 147, 148, 304, 324 and 337 read with section 149 of Indian Penal Code in all twenty accused including the present appellants were arraigned at accused persons.

The case of the prosecution and the evidence before the trial Court can be narrated as under : in the village there were two political groups one of Rajaram Bhosale and another of Tukaram Bhokare and both the groups had practice of installing the statue of Ganesh during the Ganpati festival. Said groups were installing such ganpatil idols in the name of two different mandles i. e. Hanuman Talim Mandal, a party of the complainant and Shivaji Talim Mandal, a party of the accused. The immersion of Ganesh idol of the party of accused took place on the day of Anant chaturdashi of the year 1988 and on the next day of Anant Chaturdashi there was immersion of the Ganesh idol of Hanuman Talim Mandal of the complainant. In the night at about 8. 30 or 9. 00 p. m. the procession of Ganesh idol immersion reached near Gram Panchayat in the village. Some person in the procession were playing the folk dance of "lazim". There was a sort of celebrating atmosphere and various person had participated in the said immersion process. At that time, the accused person gathered near the Gram Panchayat and attacked the procession and started pelting stones on the procession. Due to such sudden commission, the procession was disturbed and the people ran away helter-skelter. The present appellants were present on the spot armed with axes and sticks. The complainant P. W. I, his father Bandu and uncle Rajaram (Deceased who succumbed to the injuries in the said incident of assault) were present in the procession and they started running towards their houses. Some of the accused started chasing them. When complainant and deceased came near the house of balu Sutar in Sutar lane, they were obstructed by some accused person and that they were assaulted by present appellants and their associates. Axes and sticks were used to assault Rajaram who sustained severe bleeding injuries on various parts of his body and started falling down. Complainant P. W. I intervened and tried to caught hold on Rajaram, however, he was also beaten by accused persons by means of sticks. Some other person namely Gopal Redeker, Hariba Shinde and also father and the mother of the complainant were also injured in the said riot as they were beaten by the accused. Due to such assault, complainant also received some injuries and fearing greater harm at the hands of the accused he left the spot by living his severely injured uncle Rajaram in the pool of blood. Admittedly, according to his own version, complainant remained at his house for that entire night and did not immediately go to the police station to lodge the complaint. On the next day morning police person arrived on the spot and started enquiring and during which complaint of P. W. 1 was recorded and was treated as first information report and C. R. No. 121 of 1988 was registered. The dead body of Rajaram was sent for post-mortem after preparing inquest panchanama. Scene of the panchanama was also drawn.

(3.)During the investigation and finding of involvement of the appellants, they were arrested by police on 27th September, 1988. On completion of investigation, charge-sheet was filed before the J. M. F. C. Court and case was committed in the Court of Sessions alleging the charges against all the accused including appellants for the offence punishable under sections 147, 148, 337, 324 and 302 read with section 149 of Indian Penal Code.
During the trial, totally 11 witnesses were examined. According to the police, P. W. I complainant is the injured eye witness and who is the main star witness and on whose evidence the entire case of the prosecution revolves.