JUDGMENT - VISHNU SAHAI, J.:-The appellants aggrieved by the order dated 14-12-1987 passed by the IIIrd Additional Sessions Judge, Thane in Sessions Case No. 513 of 1986 convicting them under sections 147 I.P.C., 148 I.P.C. and 326 read with 149 I.P.C. and sentencing them to undergo a separate sentence of one years rigorous imprisonment under the first two counts and 4 years rigorous imprisonment and a fine of Rs. 300/- under the 3rd count, had come up in appeal before me.

2. The prosecution case in brief is that on 27-6-1986, at about 5.30 p.m. all the appellants along with 15 to 20 absconding Adiwasis formed unlawful assembly in village Jawsai, Kathopada, Ambarnath, Taluka Ulhasnagar, District - Thane with the object of committing murders of the complainants Ramanand Ramkamalprasad Yadav, Jahir Abbas, Dineshsingh, Krishnalala and Sanjay Patil. It is alleged that all the appellants were armed with deadly sticks. It is said that sticks as a result of assault by the appellants Jagganath Narayan Nikam and Suresh Kamlu Mukane with sticks one Sanjay Patil was killed and Ramanand (P.W. 1), Jahir Abbas (not examined), and Dineshsingh (P.W. 2) sustained injuries. The allegation of the pros

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