IMPORTANT POINT
Sentence should be appropriate, adequate, just and proportionate.

JUDGMENT

C. NAGAPPAN, J.

1. Leave granted in both the appeals.

2. Both the appeals are preferred against the judgment dated 14.7.2011 passed by the High Court of Judicature at Bombay, Nagpur Bench at Nagpur in Criminal Appeal No.284 of 1998, whereby the High Court partly allowed the said Criminal Appeal filed by respondents 2 to 4 herein/accused 1 to 3 and thereby set aside their conviction and sentence under Section 302 read with Section 34 IPC and instead convicted them for offence under Section 304 Part-II read with Section 34 IPC and sentenced them to imprisonment for period already undergone and directed them to pay jointly and severally a sum of Rs.1,05,000/-to PW1 Narayan Patil and family members of the deceased as compensation in default to undergo rigorous imprisonment for two years and the High Court maintained the conviction of the accused persons under Section 324 read with Section 34 IPC but reduced the sentence to the period already undergone. Aggrieved by the same the State has preferred Criminal Appeal No. 443 of 2015 (@ SLP(Crl.) No.1505 of 2012. The complainant Tukaram Dnyaneshwar Patil also preferred appeal in Criminal Appeal No. 442 of 2015 (@ SLP(Crl.) No.1506 of 2012. Since both the appeals have been preferred against the same judgment, they are heard together and a common judgment is rendered.

3. Briefly the facts are stated as follows : The accused and the deceased belonged to village Tuljapur Tah. Wardha. PW1 Narayan Patil is the brother of deceased Dnyaneshwar Patil and he was also residing in the same village. Tukaram is the son of the deceased. There was a dispute between the deceased Dnyaneshwar Patil and accused A1-Dipak, A2Prashant and A3-Pawan over the boundary of the field and on 22.10.1997 accused no.1 assaulted Dnyaneshwar Patil by means of sickle on the left ear and A2 and A3 assaulted him by means of sticks on his head and mouth. When PW1 Narayan Patil intervened, accused nos.1 to 3 assaulted him with sticks on his arm and head. PWs 2 to 4, PW8 and PW9 witnessed the occurrence. The injured were taken to Sewagram Hospital.

4. PW6 Dr. Rajeshkumar examined and found the following injuries on the person of Dnyaneshwar Patil :

(i) Bleeding from nose and left ear.

(ii) Lacerated wound on left mastoid, 5 cm x 2 cm.

(iii) Lacerated wound on medial aspect of pinna.

(iv) Fracture of mandible. Exh.64 injury report was issued by him.

PW6 Dr. Rajeshkumar found the following injuries on the person of PW1 Narayan Patil :

(i) Lacerated would on left side of the back 5 cm x 3 cm.

(ii) Abrasion on left upper arm 7 cm x 5 cm.

(iii) Abrasion on right upper arm 7 cm x 4 cm.

(iv) Abrasion on right side of back 10 cm x 4 cm.

He opined that all the above injuries were simple in nature and caused by blunt object.

5. The head constable of medical booth Sewagram Hospital recorded the complaint given by PW1 Narayan Patil and sent the same to Sindi Police Station, on which a case in Crime no.122 of 97 came to be registered under Section 326 read with Section 34 IPC and PW14 P.S.I. of Sindi Police Station took up the case for investigation. In the meantime, both injured were shifted to Nagpur Medical College Hospital. Dnyaneshwar Patil died on 25.10.1997 in the hospital and on receiving the intimation the case was altered to one under Section 302 IPC. Inquest was conducted and witnesses were examined.

6. PW12 Dr. Pradip Jadhao and Dr. V.R. Agrawal conducted post mortem on the body of Dnyaneshwar Patil in the Nagpur Hospital on 26.10.1997 and they found fracture base of skull and haematoma under the scalp over left temporo parieto occipital region. The opinion was given that death was caused due to injuries no.3 and 4 mentioned in the post mortem report. After the investigation charge sheet came to be filed and the case was committed to the court of Sessions. Charges under Section 302 read with Section 34 and Section 324 read with Section 34 were framed against the accused and they were convicted and sentenced as stated supra. Challengin