V.M. Kanade, J.

1. Appellants are original accused Nos. 1 to 5. They are challenging the Judgment and Order dated 01/08/2006 passed by the 3rd Ad-hoc Additional Sessions Judge, Baramati, by which all the accused were convicted for the offences punishable under sections 143, 147 read with 149, 148, 323 read with 149 and 302 read with 149 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for life and to pay fine of Rs.1000/-each and in default, to suffer further rigorous imprisonment for six months and also convicted them on each count by awarding separate sentence. Appellants shall, hereinafter, for the sake of convenience, be referred to as accused by their original numbers.

2. Brief facts are as under:-

3. The incident in question took place on 07/02/2004 at about 10.00 P.M. P.W. 11 – Hanumant Fadatare, P.W. 12 – Kiran Prataprao Bhosale and P.W. 13 – Shrikant Bhosale had gone to their field at about 9.00 P.M. for the purpose of watering their crops. At that time, they heard some loud arguments and, therefore, they went in direction from which they heard this sound and noticed that the accused were damaging culverts of the canal with the help of crow bar