JUDGMENT

R.M. Lodha, J. —

Leave granted.

2. Six persons - the appellants and two others - were sent up for trial, inter alia, for various offences punishable under the Indian Penal Code, 1860 (‘IPC’) initially to the Court of IInd Additional Sessions Judge, Ahmednagar; later on trial was transferred to the Court of IInd Additional Sessions Judge, Shrirampur. The trial court acquitted two of them but convicted the appellants vide judgment dated December 10, 1997 for the offences punishable under Section 307 read with Section 149 IPC; Section 332 read with Section 149 IPC; Section 353 read with Section 149 IPC; Section 147 IPC and Section 148 IPC. As regards the offence punishable under Section 307 read with Section 149 IPC, the trial court sentenced them to suffer rigorous imprisonment for five years and to pay fine of Rs. 5000/- each with a default stipulation. For the other offences, lesser punishment was awarded. The trial court ordered the substantive sentences to run concurrently.

3. The convicts (appellants) filed criminal appeal before the High Court of Judicature at Bombay, Appellate Side, Bench at Aurangabad. The High Court vide its judgment dated February 3, 2010 set aside the conviction of the appellants for the offences punishable under Sections 147 and 148 IPC and altered their conviction to Section 307 read with Section 34, Section 332 read with Section 34 and Section 353 read with Section 34 IPC and sentenced them to suffer rigorous imprisonment for five years and to pay a fine of Rs. 5,000/- for the offence under Section 307 read with Section 34 IPC and lesser punishment for the other offences. The High Court also ordered that the substantive sentences shall run concurrently.

4. It is from the above judgment of the High Court that the appellants have come up in appeal, by special leave.

5. Keshav Baurao Darandale (PW-8) was posted as a clerk in the Block Office of Bhenda Co-operative Sugar Factory Limited, Bhenda (Bk.) (for short, ‘the Sugar Factory’). On May 17, 1991 at about 11.00 a.m., Pradip Harakchand Bhandari (A-2) went to the office of the Sugar Factory and asked PW-8 to take entry of the sugarcane grown by him. PW-8 informed A-2 that he could not do that as the revenue entry relating to the land where sugarcane has been grown bears an endorsement of injunction. PW-8 told A-2 that he should take permission in this regard from the Overseer — Lahanu Garje (PW-7). On hearing this, A-2 became infuriated and abused PW-8 and beat him. Balasaheb Bhagwant Wabale (PW-5), PW-7 and few others arrived there and intervened. A-2 then went away.

6. PW-8 then went to the head office of the Sugar Factory along with PW-7 and gave report of the incident. At that time, two brothers of A-2 came there and started abusing. However, the two agricultural officers present there persuaded them to go away and they left the place. PW-8 then went to Kukana Police Outpost along with security officer Tanaji Datir (PW-10) for lodging the complaint. At that time, Rajendra Harakchand Bhandari (A-1), Sunil Deshmukh (A-3), Bandu Deshmukh (A-4), Sunil Sheshrao Garje (A-5), Sopan Pandurang Kharade (A-6) came there along with A-2. It was about 1.00 to 1.30 p.m. A-1 was armed with sword while the others were armed with sticks. A-1 asked PW-8 to come out but he refused; A-1 then entered the police outpost and gave blow with sword on the head of PW-8. The other accused — A-2, A-3, A-4, A-5 and A-6 — also started beating PW-8. A-2 and A-5 gave beating to Yadav Bhagwanta Satpute (PW-4) and PW-10 as well.

7. PW-4 informed the incident to the Police Station, Nawasa. Suryakant Pansare (PW-14) — Assistant Police Inspector — immediately reached the scene of incident along with the staff. The complaint of PW-8 was registered. PW-14 then recorded the statement of PW-4 and also statements of few persons who were present there. The panchnama of the spot was also drawn.

8. A-1 to A-3 ran away; went into hiding and obtained anticipatory bail. They surrender