The central legal point established in the judgment is the assessment of evidence, the concept of unlawful assembly, and the individual liability of the accused under the Indian Penal Code.

P. B. GAIKWAD, J.

( 1 ) THE appellants- original accused Nos. 1 to 3 and 5 have filed criminal Appeal No. 192 of 1996, challenging the judgment and order of conviction and sentence, passed by the learned Additional sessions Judge, Ambajogai, dated 23-4-1996 in Sessions Case No. 28 of 1992, convicting them for the offences punishable under sections 147,148, 324 read with 149 of Indian penal Code (IPC) and sentencing them to suffer rigorous imprisonment for one year and to pay fine of Rs. 300/- in default, to suffer rigorous imprisonment for one month. The appellant-original accused No. 4 has filed Criminal Appeal No. 242 of 1996, challenging the order of conviction and sentence passed in the same Sessions Case against him, for the offence under Section 302 read with Section 149 of IPC and directing him to suffer imprisonment for life and to pay fine of Rs. 1,000/- in default, to suffer rigorous imprisonment for three months so also convicting and sentencing him for the offences punishable under Sections 147 and 148 of IPC and directing him to suffer rigorous imprisonment for one year and to pay fine of rs. 300/ -. Criminal Appeal No. 586 of 1996 is filed by the State, challenging the judgment and order of acquittal in the same case, thereby acquitting the accused Nos. 1 to 3 and 5 for the offences punishable under Section 302 read with Section 149 of IPC. As all the above three appeals arise out of the same judgment, they are being disposed of by this common judgment.

( 2 ) THE brief facts leading to the present appeals are as under :- the appellants and injured Narendra, swapneel and Rajabhau are residents of village ghatnandur. Narendra and Swapneel were taking education at Latur and Udgir respectively and on account of Diwali festival during 3-11-1991 to 16-11-1991 they had been to their native place Ghatnandur. Narendra and rajabhau are the real brothers while Swapneel was their cousin and his father used to reside at Udgir. It is alleged that the accused Nos. 1 and 5 are real brothers whereas the accused nos. 2 to 4 are their relations. The accused nos. l and 5 were running a "krishi Seva kendra" at Ghatnandur. It is alleged that Narendra had some exchange of words with the accused No. 2 dnyanoba in November, 1991 at the village and on that count, accused Dnyanoba extended threats to Narendra that he will see him. Narendra disclosed in that respect to his father prabhuappa. Prabhuappa called accused No. 2 and his father and requested not to quarrel with narendra. Annoyed thereby, on 10-11-1991, at about 8. 30 or 8. 45 p. m. when Swapneel and narendra were proceeding towards Railway gate from Bazar chowk they were assaulted with stick. The accused Nos. 3-Vishnu and 4-Shridhar also came there. Vishnu was holding chain while Shridhar was having a stick with him. They also assaulted Narendra and swapneel. Rajabhau was in front of his shop. He noticed that his brothers were assaulted by accused in front of Vandana Hotel in Bazar lane. He proceeded towards the place of incident and it is alleged that the accused, along with some other persons, including accused No. 5 Suresh and others, assaulted Narendra, Swapneel and rajabhau. It is further alleged that Raghunath, uncle of Narendra came thereafter hearing the commotion and that time, accused No. 4 shridhar hit Raghunath with stones on his head due to which he sustained injury. Some villagers also gathered there. The accused then left the place. Injured Raghunath, Narendra, swapneel, Rajabhau and one Chandrakant were taken to Ghatnandur Hospital. Condition of raghunath was serious and therefore, he was referred to Ambajogai Hospital, where he succumbed to the injury sustained by him, while under treatment on 11-11-1991 at about 6 a. m. approximately. Narendra gave information in respect of the incident. Crime No. 149 of 1991 was registered initially for the offences under sections 147,148,324 read with 149, 307 read with 149 of IPC and after death of Raghunath, section 3