JUDGMENT

Banerjee, J.-The appellants herein all belong to the family of Bhirads: Whereas Shrawan Bhadaji Bhirad, appellant No. 1 is the father- Kamal Shrawan, Arvind Shrawan and Surendra Shrawan are the sons being appellant Nos. 2, 3 and 4 and Gajanan, Vasudeo and Ambadas are the nephews. Ambadas, however, has expired during the pendency of the matter before the High Court. The Additional Sessions Judge, Akola, on basis of the evidence available on record recorded the finding of conviction against the appellants for offences under Sections 147, 148 and 307 read with Section 149 of the Indian Penal Code for having formed an unlawful assembly on 29th June, 1985 at about 8.00 a.m. and assaulted Ganesh, P.W. 1 in a locality known as Shivaji Nagar of Akola with the aid of swords.

2. Before adverting to the rival contentions, a brief note to the prosecution case ought to be adverted to at this juncture, and the same runs as below :

Shrawan Bhirad - accused No. 1 and his nephews reside in Shivaji Nagar locality, so also Ganesh Dhage resides in the same locality in a small galli. For this locality are provided public latrines circumscribed with a compound wall with entrances on the east and