- (1.) Special leave in both the petitions granted.
(2.) These two criminal appeals are filed by accused Nos. 1, 4 and 7 (appellants) challenging the legality and correctness of the impugned judgment and order dated 15-2-1995 passed by the High Court of Judicature at Bombay, Nagpur Bench, affirming conviction and sentence under Sections 147, 148, 302 read with 149 I.P.C. Both these appeals arise out of a common impugned judgment and, therefore, they are being disposed of by this judgment.
(3.) The complainant Raja Ram Kolhe is the resident of village Mohgaon Bhadade. Chatrasal (since deceased) was one of the sons of said Raja Ram. The incident in question took place on 21-9-1991 at about 3.00 p.m. Fifteen days prior to the said incident, a quarrel took place between Chhatrasal and Vasanta (A-2) over liquor. On 21-9-1991 at about 3.00 p.m. Chhatrasal had gone to the shop of Chindu (PW 5) for shaving. At that time, all the seven accused who were armed with deadly weapons like spear and bamboo sticks formed an unlawful assembly and assaulted Chatrasal and dragged him on the road. They continued assaulting Chhatrasal even on the road. Chhatrasal sustained bleeding injuries and collapsed on the ground and ultimately succumbed to the injuries. The complaint about the incident was lodged at about 2.00 a.m. on 22-9-1991. The investigating officer carried out the necessary investigation and arrested the accused. After completing the investigation, seven accused were put up for trial for the offences punishable under Ss. 147, 148, 302 read with Section 149 of the Indian Penal Code. The defence of the accused was that of total denial. The defence, however, examined Madhaorao Umathe (DW 1) and Pandurang Gathe (DW 2) their defence witnesses. The VIIth Addl. Sessions Judge, Nagpur on appraisal of oral and documentary evidence on record by his judgment and order dated 19-6-1993 found the appellants and other four accused guilty of offences for which they were tried. The learned trial Judge accordingly sentenced all the accused for various terms of rigorous imprisonment including life imprisonment. Aggrieved by this judgment and order of conviction, all the seven accused preferred one criminal appeal before the High Court of judicature at Bombay, Nagpur Bench. The High Court on re-appraisal of the evidence on record concurred with the findings of guilt recorded by the learned trial Judge and accordingly by its judgment and order dated 15-2-1995 dismissed the appeal.;