IMPORTANT POINT
The evidence of related witness can form the basis of conviction where the testimony of the witness is corroborated by medical evidence, oral evidence and other evidence adduced in the case.

JUDGMENT

Fakkir Mohamed Ibrahim Kalifulla, J.

1. These two appeals are against the common judgment of the High Court of Bombay at Aurangabad, in Cri.A.No.611 of 2003, dated 16.01.2006.

2. The appellant in Crl.A.No.1010 of 2008 is A4 and the appellants in Crl.A.No.1011 of 2008 are A2 and A3. In all, four accused were prosecuted and convicted by the learned Sessions Judge. The accused preferred an appeal before the High Court against the conviction and sentence imposed on them by the learned Sessions Judge in Sessions Case No.191 of 2002, by its judgment dated 21.08.2003.

3. All the accused were convicted for offences under Section 302 read with Section 34 and Section 324 read with Section 34 of I.P.C. They were sentenced to undergo rigorous imprisonment for life, apart from payment of fine of Rs.500/- and in default to undergo further rigorous imprisonment for six months for the offence under Section 302 read with Section 34 of I.P.C. and one year rigorous imprisonment, along with fine of Rs.300/- and in default to undergo one month rigorous imprisonment for the offence under Section 324 read with Section 34 of I.P.C. The appellants stated to have paid the fine amount on 21.08.2003 itself. The High Court having upheld the conviction and sentence imposed against the appellants, they have come forward with these appeals. The first accused-Keshav died and the remaining accused are before us.

4. As the genesis of the case of the prosecution goes, all the accused persons, the complainant Santosh Ramchandra Lagad, who is the son of the deceased Ramachandra Lagad, were all residents of the same village, Lagadwadi. They owned and possessed agricultural lands adjacent to each other. There were disputes, as regards the use of way to their respective lands. The deceased Ramachandra Lagad stated to have filed a suit against the appellants at Shrigonda Court for injunction. They also approached other authorities with regard to protection of their right of way to go to their agricultural lands. It appears that at one stage they resorted to hunger strike for the redressal of their grievances. At that time, the police interfered and the accused were directed to allow the deceased and his family members, including the complainant to use the old way as an access to their land, till a decision was arrived at in the Civil Court.

5. It was alleged that in spite of such direction by the police, there was violation at the instance of the accused persons. On 04.10.2002, at about 7.00 a.m., when the complainant P.W.4 and his deceased father, were proceeding towards their field for sowing maize seeds, the first accused stated to have obstructed them from proceeding on the disputed way. He also stated to have abused and threatened the complainant and his deceased father. P.W.4 and his father returned back to their house. Thereafter, the deceased went to Shrigonda Court to attend the hearing of the civil case, while the complainant P.W.4 went out looking after his cattle.

6. At about 5.15 p.m., on the same day, after the complainant P.W.4 returned to his house after watering onion crops, his sister came to know from one Bapu Dada Ghadage that the accused persons were waiting at Kolgaon Lagadwadi road for her father, Ramachandra Lagad, to return to his village with an intention to assault him. The complainant was therefore, asked to rush to the spot immediately. The complainant P.W.4, stated to have reached the spot in a bicycle and that according to him, when he was about to reach the spot i.e., from a distance of about 200 meters from the spot, he saw all the four accused persons along with one Ganesh Sambhaji Lagad and Sandeep Sambhaji Lagad, beating his father Ramachandra Lagad, while at the same time abusing him. It is also claimed that P.W.4 himself along with his deceased father, Ramachandra Lagad, was attacked with cycle chain and stone. The accused also stated to have threatened the complainant and his father to face dire consequences if they continue t