IMPORTANT POINT
Evidence of a witness though injured in the incident but had not named accused as assailants of deceased and there was delay of one day in recording his 161 Cr.P.C. statement despite opportunity to record it on day of incident itself, could not be taken as basis for conviction without corroboration.

JUDGMENT

Santosh Hegde, J.-Fifteen accused persons including the two appellants herein who were arrayed as A-11 and A-15, were charged for offences punishable under Sections 147, 148, 302 read with 149, 307 read with 149, 325 read with 149 and 337 read with 149 IPC before the Additional Sessions Judge, Raigad at Alibag in Sessions Case No. 128/1994. Since only two appellants are before us, it may not be necessary for us to refer to the facts pertaining to the other accused persons in this case.

2. As stated above, said appellants were A-11 and A-15 before the trial court. These two accused persons along with some other accused persons were convicted firstly for an offence punishable under Section 302 read with Section 149 IPC for having committed the murder of one Krishna Mahada Naik and were sentenced to undergo imprisonment for life, and to pay a fine of Rs. 2,000/-. They were also convicted under Section 307 read with Section 149 IPC and sentenced to suffer 7 years RI and to pay a fine of Rs. 2,000/- for having attempted to commit the murder of one Dharma Jana Naik, PW 3. The learned Sessions Judge also convicted these accused persons for other lesser offences, details of which are not necessary for disposal of these appeals. In an appeal filed before the High Court of Judicature at Bombay by the convicted accused persons which also included the two appellants herein, the conviction and sentence of these appellants under Section 302 read with section 149 IPC for having caused the death of said Krishna Mahada Naik was confirmed. They were also convicted for offences punishable under Sections 147 and 148 IPC and were sentenced to undergo one year RI and to pay a fine of Rs. 1,000/- each. Appellant Maruti Rama Naik was also convicted under Section 325 IPC for having caused injuries to PW 3 and was sentenced to undergo 3 years RI and to pay a fine of Rs. 2,000/-. However, these appellants were not found guilty for having caused the death of the other deceased - Krishna Nama Bhoir. It is against the said judgment and conviction these two appellants have preferred the above appeals. Brief facts necessary for the disposal of these appeals are as follows :

3. All the accused persons, including these appellants, deceased and the prosecution witnesses were residents of a village by name Koli in Panvel taluk of Raigad district. There were two groups in the said village and the said groups were at loggerheads because of certain Government contracts acquired by one group or the other. It is in the background of these disputes, the prosecution alleges that on 22.3.1999 on the outskirts of the said village, the accused persons who were 15 in numbers, attacked Krishna Mahada Naik, one of the deceased, between 7.30 and 8 a.m. with deadly weapons like swords, knives, sickles etc. due to which attack the said deceased was seriously injured. According to the prosecution, this incident was witnessed by PW 3 who was then travelling on his scooter along with a pillion-rider, namely, Narayan Ganu Naik (not examined). The prosecution also alleges that Dhanraj Ambu Bhoir, PW 4, also noticed the said incident. The further case of the prosecution is that the accused persons after assaulting said Krishna Mahada Naik chased PW 3 who by then had turned his scooter and drove the same towards the village and took refuge in the house of one Suresh Kana Naik. The accused persons allegedly entered the house of said Suresh Naik and dragged PW 3 out of the house and started beating him with swords, knives, sickles etc. and due to which PW 3 suffered injuries. The prosecution alleges that after the attack on PW 3, the accused went to the house of one Gangaram Naik, broke open the door of his house and attacked one Krishna Nama Bhoir who happened to be in that house (who later died) and then attacked Pandharinath Ram Bhoir, PW 5 and Bharat Krishna Naik, PW 6 who were also injured because of the said attack. It is the prosecution case that one Meena Mohan Naik, PW