JUDGMENT

Harjit Singh Bedi, J.—

1. This appeal is directed against the judgment of the Bombay High Court dated 24th April 2007 whereby the State appeal against acquittal against the judgment of the Additional Sessions Judge, Akola has been allowed and the accused convicted and sentenced for offences punishable under Section 302/149 of the IPC etc. The facts are as under:

2. At about 4 p.m. on 11th June 1989 Babarao Kolhe, his brother Jaidev Kolhe and grandson Sanjay PW-1 residents of village Panaj, went to plough their fields, about one-and-a half kilometers away from the village. As they were returning home in their bullock cart, they were waylaid by the eight accused, variously armed with axes and sticks who attacked Babarao and Jaidev. Sanjay escaped from the spot and reached home and informed his grandfather Namdeo Kolhe about what had happened, giving details of the injuries caused by each of the accused. In the meantime, the bullock cart sans Babarao and Jaidev too returned to the residence in the village. Namdeo Kolhe thereupon called his sons Dadarao and Wasudeo and alongwith several other persons went in search and found Babarao and Jaidev lying seriously injured in the fi