R.C. Lahoti, J.

Eight accused persons, namely, Ashok Bhikaji Gurav (accused no.1) , Nathuram Bhikaji Gurav (accused no.2) , Santosh @ Kalya Jagannath Shirwadkar (accused no.3) , Santosh @ Babya Dashrath Nagvekar (accused no.4) , Ravindra @ Bobby Anant Surve (accused no.5) , Anant @ Papya Jagannath Shirodkar (accused no.6) , Prakash @ Vatanya Laxman Pednekar (accused no.7) and Rajendra Shantaram Todankar (accused no.8) were tried on several charges framed under Sections 143, 144, 147, 302, 302/149, 302/34, 307, 307/149, 307/34, 324, 324/149, 324/34 and 324/511 IPC. On trial all the accused persons were held to have committed offences punishable under Sections 143, 144, 147, 302/149 and 324/149 IPC. For offence under Section 302 read with Section 149 IPC each of the accused persons was sentenced to suffer imprisonment for life and to pay a fine of Rs. 1000/-, in default of payment to suffer further R.I. for 6 months. For offence under Section 324/149 IPC each of the accused was sentenced to suffer R.I. for 6 months. Though all the accused were also convicted for the offences punishable under Sections 143, 144 and 147 of the IPC but no separate sentences were awarded thereon. All the eight accused persons preferred an appeal before the High Court. During the pendency of the appeal Santosh @ Babya Dashrath Nagvekar and Prakash @ Vatanya Laxman Pednekar - the accused numbers 4 and 7, died. The appeal surviving for decision as regards the six accused was held liable to be dismissed upholding the conviction as recorded and the sentences as passed by the Trial Court.

2. Ashok Bhikaji, accused no.1 and Nathuram Bhikaji accused no.2 filed SLP (Crl.) No. 3788/2000 which was dismissed as not admitted by this Court on 25.1.2001. Accused no. 8 Rajendra Todankar filed SLP (Crl.) 4205/00 which has been registered as Crl. Appeal No. 651/2001 on leave to appeal having been granted. SLP (Crl.) preferred by Santosh Shirwadkar, Ravindra Surve and Anant Shirodkar (accused nos. 3, 5 and 6 (has been registered as Criminal Appeal No. 652/02 on leave being granted. Thus, in substance it is the guilt of the accused nos. 3, 5, 6 and 8 which survives for determination in these appeals.

3. For the sake of convenience of the accused persons shall be referred to by their numbers as they were arrayed before the Sessions Court. Reference to accused nos. 1 and 2 though their SLP (Crl) has been dismissed and to accused nos. 4 and 7, who have died during the pendency of their appeal in the High Court is being made where necessary only for the purpose of determining the guilt of the accused-appellants before us.

4. In the locality known as Prabhadevi situated within the jurisdiction of police station Dadar and Mumbai there is a place known as Hatiskar Wadi. Nariman Bhat Nagar is an adjoining locality. One Mukesh Purav resides in Hatiskar Wadi. Ashok Gurav, accused no.1 resides in Nariman Bhat Nagar. These two persons are ring-leaders of their respective gangs formed in the two localities and they are involved in various illegal activities. The injured persons and the accused persons are residents of these two localities and were known to each other since before the incident. An acute rivalry prevails between the two groups. Prior to this incident on the festival of Janmashtami there was a competitive game played known as Dahi Handi, also known as Govinda, wherein both the gangs had participated and quarrelled with each other. The present incident took place on 27th September, 1991 at about 8.30 p.m.

5. There is a four-storeyed building the ground-floor whereof is occupied by a restaurant known as Sanket Bar. There is a road in front of the hotel. The door leading to the way for upper floors of the building is by the side of the hotel. There is a pan shop near the hotel. By the side of the hotel there are other shops providing the look of a commercial complex.

6. Gopikrishna, who died in the incident, was standing in front of the entrance door of the building. Jaideep B