R.BANUMATHI,J. - (1.) This appeal arises out of the judgment dated 30.07.2015 passed by the High Court of Judicature at Bombay in Criminal Appeal No.174 of 1994 in and by which the High Court reversed the judgment of the acquittal of the appellants/accused Nos. 3, 5, 7 and 8 and convicted them under Sections 147, 148, 302 read with 149 IPC and sentenced them to undergo life imprisonment.
(2.) Briefly stated case of the prosecution is that PW-2-Anant Budhaji Joshi is the brother of deceased Machindra Budhaji Joshi. Both Anant and Machindra were doing the work of electric fitting. PW-3- Kesarinath Bhagat and PW-4-Vasudeo Gaikar were also doing the same work. Appellant Motiram Padu Joshi (A3), Ratan Maruti Vaskar (A5), Devidas Maruti Vaskar (A7), Ramnath @ Ram Padu Joshi (A8), deceased-Machindra and prosecution witnesses are residents of village Owa-peth, Taluka Panvel, District Raigad. Appellants/accused were belonging to congress party and the deceased and the prosecution witnesses were from Shiv-sena party. In the election of Zilla Parishad in 1992, both parties became inimical to each other.
(3.) On 26.04.1992, deceased Machindra had gone to village Nandgaon for electric fitting work along with PWs 3 and 4 and they returned at about 08.30 pm to the house of deceased. All three of them had their dinner and were sitting on the cot in the courtyard. PW- 2 was thereafter taking his dinner inside the house. At about 09.30 pm, appellants along with other accused being armed with deadly weapons like swords, knife, sticks and motor-cycle chain came to the courtyard of the house of deceased Machindra. Appellant Motiram (A3) was carrying sword in his hand and assaulted the deceased on his head. Appellant Ratan (A5) attacked the deceased with the sword on the legs of the deceased. Appellant Ramnath (A8) also attacked the deceased with the sword on his head. Appellant Devidas (A7) attacked the deceased with knife on his foot and legs. Other accused against whom the appeal is abated assaulted the deceased with motor-cycle chain and sticks. On seeing the accused armed with deadly weapons, PWs 3 and 4 got frightened and went inside the house and stood near the window of the house and witnessed the occurrence. Due to the assault, the deceased fell down from the cot having sustained grievous injuries and PW-2 took the deceased in the truck of his brother PW-5-Eknath Joshi to Taloja police station. Considering the serious conditions of the deceased, he was sent to the Municipal Dispensary at Panvel along with police constable Mhatre. PW-15-Atmaram, Head Constable recorded the statement of PW-2, based on which, FIR in Crime No.44/92 was registered under Sections 147, 148, 149 and 307 IPC. On the same night at about 11.30 pm, deceased Machindra succumbed to injuries and the FIR was altered from Section 307 IPC to Section 302 IPC.;