P. Sathasivam, J. - (1.) This appeal is filed against the final judgment and order dated 15.03.2007 passed by the Division Bench of the High Court of Judicature at Bombay, Nagpur Bench, Nagpur in Criminal Appeal No. 521 of 2002 whereby the High Court dismissed the appeal of the Appellants herein and confirmed the order dated 22.08.2002 passed by the Additional Sessions Judge, Gondiya convicting the accused persons under various Sections of Indian Penal Code (hereinafter referred to as "IPC").
(2.) Brief facts: (a) On 29.10.2000 at about 12:30 p.m., Kamalabai Atmaram Bohare (PW-1), Kusmanbai Suresh Bohare (PW-2) and Pushpabai Ramesh Bohare (PW-3) were working in their fields situated at village Shivantola. At that time, Atmaram Bohare and Suresh Bohare (deceased persons) were also present there. Gowardhan (A-1) was also standing on the road side. Suresh Bohare and Atmaram Bohare after putting paddy at the threshing machine were coming back to their home. When they reached near the D.P. of electricity situated in the land of Kamalabai, Gowardhan (A-1) passed a comment on them and a quarrel between the parties took place. Immediately after starting of quarrel, A-2 to A-13 rushed there with weapons and started assaulting Suresh Bohare and Atmaram Bohare. (b) Gowardhan (A-1) was having Farsha and he gave a blow of it on the leg of Suresh Bohare. Mahadeo (A-2) who possessed sword gave a blow of it on the leg of Suresh Bohare. Abhiman (A-3), who was having an axe in his hand gave a blow on the back of Suresh Bohare. Kalpanabai (A-11), gave a blow of spade on the head of Suresh Bohare. Pramilabai (A-10) who was having stick also beat Suresh with it. At the same time, Manoj (A-5) and Waman (A-4) who were having axe in their hands, gave blows on the head of Atmaram. During this, Jaipal (A-6) and Kantabai (A-8) gave an axe blow and stick blow respectively to Atmaram. Shantabai (A-7) and Parvatabai (A-9) gave scissors blow on the mouth of Atmaram. Due to this sudden attack by the accused persons, Suresh Bohare and Atmaram Bohare sustained serious injuries and they fell down on the ground. On hearing the commotion, P Ws 1-3 and one Sakhubai Rakhade (PW-4) rushed towards the place of incident. The accused persons fled away. Suresh and Atmaram were brought to home and were taken to Amagaon Hospital from where they were immediately shifted to KTS Hospital at Gondiya. The doctor on duty declared Suresh brought dead and after sometime Atmaram also died in the hospital. On the oral complaint of Kamlabai (PW-1), a case with FIR No. 183/2000 was registered on 29.10.2000 against 13 accused persons under Sections 147, 148, 302 r/w 149, 323 r/w 149 and 447 r/w 149 of IPC. (c) During the course of investigation, the accused persons were arrested and various weapons were recovered at their instance. After completion of investigation, they were charge sheeted. (d) After examining the witnesses, the Additional Sessions Judge, Gondiya vide his order dated 22.08.2002, acquitted A-7, A-9, A-10 and A-11 of the offences punishable under Sections 302, 447 and 323 r/w 149 of the IPC and Sections 147 and 148 of IPC and convicted A-1 to A-6 and A-12 for the offences punishable under Section 302 r/w 149 IPC and awarded life imprisonment with a fine of Rs. 1000/- in default to suffer rigorous imprisonment for one month. Each of them were also convicted for the offences punishable under Section 447 r/w 149 of IPC and were directed to suffer rigorous imprisonment for one month and to pay a fine of Rs. 200/- each in default to suffer rigorous imprisonment for 7 days. A-1 to A-6 and A-12 were also convicted under Sections 147 and 148 of IPC but acquitted of the offences punishable under Section 323 r/w 149 of IPC. A-13 being a juvenile offender, her trial was forwarded to the juvenile court. A-8 died after framing of charge and trial against her got abated. (e) Aggrieved by the order dated 22.08.2002 of the trial Court, A-1 to A-6 and A-12 preferred an appeal before the Division Bench of the High Court of Judicature at Bombay. The Division Bench, by impugned judgment and order dated 15.03.2007, dismissed the appeal of the Appellants and affirmed the order dated 22.08.2002 passed the Additional Sessions Judge, Gondiya. (f) Aggrieved by the said decision, A-4 to A-6 and A-12 only filed this appeal by way of special leave petition before this Court.
(3.) Heard Mr. J.P. Dhanda, learned Counsel for the Appellants and Mr. Dushyant Parashar, learned Counsel for the State.;