The main legal point established in the judgment is the consideration of the nature of injuries and the intention of the appellants in assaulting the victim, leading to the decision to set aside the original conviction and convict the appellants under a different section of the I. P. Code.

( 1 ) AGGRIEVED by their conviction and sentence for offence punishable under Section 307, r. w. S. 34 of the I. P. Code in Sessions Case No. 95/1992, the original accused Nos. 1 and 2 have come up in appeal. By the impugned order, the learned addl. Sessions Judge, Osmanabad, convicted both the appellants for offence punishable under section 307, r. w. S. 34 of the i. P. Code and sentenced them to suffer rigorous imprisonment for four (4) years and to pay a fine of Rs. 2000/- each, I. D. , to suffer rigorous Imprisonment for six (6)months.

( 2 ) THE prosecution case, stated briefly, is that on December 12. 1991, PW1 Satish tanaji Bansode (complainant] went to an eatery styled as "cafe Gulistan" which is also known as "islamic Khanawal" (Islamic inn)situated near the S. T. Bus stand at osmanabad. U was around midday that he ordered a dish of Biryani for the lunch. He was eating the food when in all seven (7] persons, including the present appellants, entered the premises of the eatery. They were armed with a knife, iron rod and sticks. Immediately they mounted assaulted on him by means of the knife, iron rod and the sticks. He received bleeding injury on the head, various other bleeding injuries on his person and darted out of the premises of the eatery. He hired a rickshaw and went to the police station. He was referred to undergo medical examination and treatment at the Civil Hospital, Osmanabad. His oral report-was reduced into writing after arrival of his father, who happens to be a retired police head constable and further investigation was geared up.

( 3 ) THE police got seized blood stained shirt and clothes of the injured PW Satish under a seizure panchanama drawn at the police station. Thereafter, a spot panchanama at place of the eatery i. e. "cafe gulistan" was also prepared. An iron-rod smeared with some blood stains was found in the premises of the eatery and was seized while preparing the spot panchanama. Then statement of the proprietor of the eating house was recorded, The present appellants were arrested on next day i. e. 13th December 1991, The of her accused persons, who have been acquitted by the trial Court and were original accused Nos. 3 to 7, were also arrested. The Investigating Officer got the appellants medically examined on 14th December, 1991 since some minor injuries were found on their persons. The investigation disdesedi that the injured - PW Satish had contested municipal ejection in which the appellants had indulged in canvassing for the candidate from opposite group and there was rivalry on account of earlier incident of mutual fight (Maramari ). The medical evidence revealed that PW Satish had received seven (7) wounds, out of which an incised wound on the left forearm was grievous in nature since it was a fracture injury. The Investigating Officer recovered knife, iron-rod and other articles at the behest of the appellants and other acquitted accused persons. Consequent upon the Investigation, on the basis of incriminating material collected during its course. In all seven (7) accused persons came to be charge-sheeted. They were tried together for offences punishable under sections 307, 147, 148 r. w, s. 149 of the I. P. Code.

( 4 ) A common charge was framed at Exh, 13. The appellants along with acquitted persons entered plea of "not guilty". Their defence was one of total denial, no specific defence was raised during the trial and the appellants as well as other accused persons simply offered denial to the accusations and correctness of the case of prosecution.

( 5 ) IN the course of trial, in all fourteen (14) witnesses were examined In order to prove the case put forth by the prosecution. The learned Addl. Sessions Judge relied upon the version of PW Satish regarding the incident of assault in so far as the appellants are concerned. The learned Addl, Sessions Judge did not, however, rely upon the evidence of the prosecution In so far as the original accused Nos. 3 to 7 are concerned,

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