- (1.)THE appellants have challenged the judgment and order dated 30.4.2007 passed by the learned Additional Sessions Judge, Baramati convicting them for commission of offence under Sections 148, 302 and 324 of the Indian Penal Code and sentencing each of them to suffer rigorous imprisonment for 1 year and to pay fine of Rs.500/ - & in default to undergo simple imprisonment for one month on first count; to suffer imprisonment for life and to pay fine of Rs.5000/ - & in default to undergo simple imprisonment for 6 months on second count and suffer rigorous imprisonment for one year and to pay fine of Rs.500/ - & in default to undergo simple imprisonment for 15 days on third count.
(2.)ALL the said appellants (hereinafter for short referred as A1 to A9 as per the names in the title clause) at trial were charged for commission of offences under Sections 302, 307, 326, 324, 325, 147, 148, 149, 337, 323, 504 and 506 of I.P.C.
(3.)ACCORDING to the prosecution, first informant PW1 Kashinath was residing at village Nira -wagaj along with mother, wife Surekha, sons Harishchandra and Manohar and daughter Vidya.
His brothers PW3 Sukhdeo and deceased Balasaheb were residing separately in adjacent houses. They had gifted nearby land to Grampanchayat for running Anganwadi/Nursery School. The appellants were from brotherhood of PW1 and were residing nearby house of PW1.

3.1. One lady teacher Mrs. Pawar had complained of pelting stones on the tin roof of Anganwadi and of spitting star Gutkha on the door and corner of Anganwadi causing nuisance since 10 to 15 days prior to occurrence of the main incident on 31st of July, 2001. On the day of incident at about 8.30 p.m., while in house along with family members PW1 heard sound of pelting of stones on tin roof of Anganwadi. Balasaheb along with his son PW2 Pravin went to the Anganwadi. The appellants present at said place picked up quarrel with them. The appellants brought axe, iron bars, sticks and stones at the said place.

3.2. The appellants abused Balasaheb and PW2 and started assaulting them with weapons. After hearing noise of exchange of words, PW1, his sons Harishchandra and Manoj rushed to Anganwadi and found that all the appellants were abusing and assaulting Balasaheb and PW2 with sticks, iron bars, stones and axe. They tried to intervene. Thereupon A2 Namdeo rushed at PW1 and gave blow of stick on the head of PW1 due to which he fell down. A2 gave another blow of stick on the head of PW1. As incident was in progress, PW3 Sukhdeo came on motorcycle from Baramati. PW3 requested the appellants for not assaulting Balasaheb, PW2, Manoj, PW1 and Harishchandra. However, they did not pay any heed and also assaulted him with sticks.

3.3. Balasaheb, Harishchandra, Manoj, PW2, PW3 and PW1 sustained injuries in the incident. They were taken to Silver Jubilee Hospital at Baramati. The condition of Balasaheb was serious. He had sustained serious injury on his head. PW2 had sustained injury on face with fracture of nose and maxilla. Others had also sustained injuries. PW1 while under treatment at Silver Jubilee Hospital, gave information Exh.35 to ASI Khaire of Baramati Taluka Police Station who had been to said hospital due to receipt of telephonic information from the hospital regarding admission of Balasaheb and four others, injured in an incident of assault.

3.4. Crime No.53/2001 was registered by said Police Station upon said information for the offences punishable under Sections 147, 148, 149, 307, 325, 326, 337, 504 and 506 of Indian Penal Code. The investigation was taken up by PW9 P.I. Shah. Balasaheb under medical treatment succumbed on 15th August, 2001. PW9 at the conclusion of the investigation, submitted the charge sheet against the appellants in the Court of the Judicial Magistrate First Class, Baramati for commission of offences as narrated earlier. The case registered thereon was duly committed to the Court of Session at Baramati.

The appellants pleaded not guilty to charge framed at trial for earlier mentioned offences.The prosecution examined in all 9 witnesses at the trial i.e. four witnesses so far referred and additionally PW4 Vijaykumar Dhaigude nephew of the deceased, who had also rushed to Anganwadi soon after the incident, PW5 Dr. Sou. Manik Suryawanshi who had examined deceased and all four injured persons at Silver Jubilee Hospital, Baramati and issued injury certificates Exhs. 51 to 55; PW6 Dr. Baban Nimbalkar who had examined PW2 after he was referred to his hospital from Silver Jubilee Hospital and issued injury certificate Exh.58; PW7 Dr. Bhoite from Giriraj Hospital at Baramati who had treated Balasaheb and given cause of death and panch PW8 Deokate regarding the arrest of A1, A5, A7, A8, and A9 on 3rd August, 2001 and seizure of an axe and sticks produced by A1 under panchanama Exh.62. The prosecution also relied upon the documentary evidence which came to be prepared during the course of investigation.