IMPORTANT POINT
It is not correct that involvement of appellants to have assaulted PW 1 with swords is a speculation on the ground of improper identification. The accused are named in statement of PW 1 which is corroborated by other eye witnesses.

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 on the south. On the eventful day in the morning when Ganesh Dhage was proceeding to the latrines to ease off, a Fiat car bearing No. MZQ 581 owned by Shrawan Bhirad came from his back side and dashed him whereby he was tossed and fell to the ground. Getting on his feet when he however looked backwards he has stated to have seen accused Nos. 1 to 7 and deceased Anil Bhirad getting out of the car armed with swords. Sensing the danger, he rushed through the eastern gate of the latrine premises and went inside just to get out of the same through the southern gate. When however near the gate inside the premises, he slipped his feet due to a ditch with mud and fell to the ground and was caught by the said persons, who happened to be chasing him. It is at that juncture, they assaulted Ganesh Dhage with swords all over his body making him suffer numerous incised wounds. Completing the assault, the assailants-accused Nos.1 to 7 and deceased Anil rushed back from the eastern gate and got into the car and went away. The prosecution case further depicts that the accused persons proceeded towards the farm house owned by accused no. 1 and situated on the road to village Loni. There was already stationed a Jeep brought by accused Nos.1 and 2 from Wamanrao Pundlikrao Patil, resident of Village Bhaurad (PW.5). The assailants got into the said Jeep and asked the driver Khaja Aminoddin to drive it towards Balapur side guiding him to take the Jeep via Paras, Akot, Daryapur, Amravati, Chadur Railway and further to Wardha, and reached Nagpur, at about 4.30 to 5.00 p.m. There they asked the driver to take the Jeep back to Akola and Aminoddin brought it to Akola, at about 10.00 p.m. at the residence of the owner of the Jeep. At Akola, after the assault in the meantime the brother of Ganesh Dhage i.e. Keshao Dhage and one Venubai got Ganesh Dhage into a rickshaw and took him to the Main Hospital Akola. The incident was also seen by another brother of Ganesh Dhage i.e. Kishore Dhage (P.W.9). Seeing that Ganesh Dhage was being attended to by his brother Keshao Dhage, he rushed to City Kotwali Police Station Akola and lodged complaint at 8.10 a.m. Many people including the eye-witnesses stated to have witnessed the incident.

3. Ganesh Dhage was admitted in the hospital and attended by one Dr. Bhagwat, who found the following injuries on his person:

(1) Right forearm multiple incised wounds which were bone deep. It has underlying multiple communicated fractures of radius and ulna. The soft tissue injuries were extending upto middle 3rd of arm.

(2) Incised wound on right knee anteriorly and laterally, 9" x 2" joint cavity deep, upper articular surface of tibia, was chopped out anteriorly.

(3) Incised wound on right thigh latera