1. The appellants/original accused no.1 Uttam and original accused no.5 Kantrao, who stand convicted for an offence punishable under section 324 of the Indian Penal Code and sentenced to undergo R.I. for one year and to each pay fine of Rs.1,000/-, in default to undergo S.I. for one month, while original accused no.2 Babasaheb stand convicted for an offence punishable under section 326 of the Indian Penal Code and sentenced to R.I. for two years and to pay fine of Rs.1,000/-, in default to undergo S.I. for one month by the 3rd Additional Sessions Judge, Aurangabad, by judgment dated 13.3.2001, in Sessions Case No.148 of 1996, by this appeal question the correctness of their conviction and sentence.

2. It appears that during the pendency of this appeal, original accused no.1 Uttam died. A death certificate has been produced before me, which is taken on record and marked "X" for the purpose of identification. By virtue of this death certificate, it is clear that original accused no.1 Uttam died on 1.6.2003. The appeal, therefore, is dismissed as abated so far as accused no.1 Uttam is concerned.

3. Facts in brief as are necessary for the decision of this appeal may be stated thus :- P.W.7 A.P.I. Shriniwas Mundhe, who was attached to the Pachod Police Station on 21.6.1995 was entrusted with the investigation of Crime No.46 of 1995 under section 307 of the Indian Penal Code. The aforesaid crime had been registered on the basis of a report of P.W.1 Sanjay at Exh.29. An offence accordingly was registered vide Crime No. 46 of 1995 by the Police Station Officer - Head Constable Dinapurkar. Upon being entrusted with the investigation of the said crime, P.W.7 A.P.I. Mundhe proceeded to the scene of the incident and in the presence of the panch witnesses drew the scene of the incident panchnama at Exh. 43. From the scene of the incident he seized an iron pipe and stick. On the same day he seized the clothes of injured under seizure memo at Exh.38. On 22.6.1995 he recorded the statements of four witnesses including P.W.6 Shaikh Mujib. During custodial interrogation, on 24.6.1995, accused Babasaheb expressed his willingness to point out the place where a sword-stick was concealed. Accordingly his memorandum was recorded in the presence of panchas at Exh.39. Accused Babasaheb led the police and the panch towards Limbgaon and after excavating at a spot pointed out by accused Babasaheb a swordstick was produced by accused Babasaheb, which was seized in the presence of panchas at Exh.40. Statements of witnesses were recorded and the injury certificates of the injured were collected. The seized articles were thereafter referred to the Chemical Analyzer under requisition at Exh.47. Further to the completion of investigation a charge-sheet against the accused was submitted.

4. The injured were examined by P.W.8 Dr. Anagha Varudkar. She examined P.W.2 Eknath and noticed stab injuries on his chest and abdomen. The certificate in respect of injuries sustained by P.W.2 Eknath is at Exh.61. She had also examined P.W.4 Sudam. She had noticed a stab injury on his abdomen and on his chest as well as an injury on his thigh. His peritoneum was found torn and, therefore, an operation was performed. The certificate in respect of the injuries sustained by Sudam is at Exh.62. P.W.1 Sanjay had also been examined by P.W.8 Dr. Varudkar. P.W.1 Sanjay had sustained a stab injury on his chest and his injury certificate is at Exh.60.

5. On committal of the case to Court of Sessions, Trial Court vide Exh.3 framed charge against the accused for offence punishable under sections 147, 148, 149, 307, 324 and 504 of the Indian Penal Code. Prosecution in support of its case examined eight witnesses. The defence of the appellants is of denial. The Trial Court upon appreciation of the evidence convicted and sentenced the appellants as aforestated while acquitting the remaining accused.

6. The evidence of injured witnesses, namely P.W.1 Sanjay, P.W.2 Eknath and P.W.4 Su