B.R. Gavai, J. The appellants have preferred these appeals against the judgment and order passed by the learned Sessions Judge, Gadchiroli in Sessions Case No.109/2003, thereby convicting the appellants/accused for the offences punishable under Section 302, 307, 325, 324 and 452 read with Section 149 of Indian Penal Code and sentencing them to suffer imprisonment for life, five years, two years, one year and one year respectively for the aforesaid offences.

2) The prosecution case, as could be briefly summarised, is as under: One Dadaji Masaji was having a contract for collecting tendu leaves in village Nimdar Dongari. On account of the said contract of tendu leaves, there was a dispute between the family of Dadaji Masaji on one hand and the other villagers on the other hand. On account of dispute, a meeting was convened by the Police Officers and Forest Officers and the contract was given to Bandu Kashinath Dhanorkar (accused no.2) by withdrawing the same from Dadaji Masaji. It is the prosecution case that since then the relations between two groups became more strained.

3) On 3/7/2003 at about 7.30 a.m., nephew of complainant – PW 1 Sagarbai, namely, Parshuram Dadaji Nibdar had gone to an open area near School to answer the nature's call. Within a short time, niece of the complainant, by name Rukmini, rushed to the complainant and told her that the villagers were assaulting Parshuram.

Thereafter family members of the deceased went to the spot, which was near the house of one Diwakar Zade. It was noticed that P.W.11 Moreshwar, husband of the complainant and deceased Parshuram were being assaulted by sticks by various villagers. Parshuram and Moreshwar entered the house of Diwakar Zade. However, villagers threatened Diwakar Zade and insisted for opening the door of the house. By opening the door, again Parshuram and Moreshwar were assaulted by the villagers. Parshuram managed to run away and came in his house. The villagers followed him. Parshuram then entered the house of his Uncle Abaji (P.W. 9). The villagers followed him there and mercilessly beat him in the house and courtyard with sticks. After finding him dead, he was taken on sticks to a place near School. The villagers had also assaulted P.W.11 Moreshwar, who became unconscious due to injuries. P.W. 6 Sangeeta, who tried to save her husband Parshuram, was also assaulted by the villagers. P.W.8 Parvatabai, grandmother of deceased Parshuram, who tried to save her son and grandson, was also assaulted. In the same incident, P.W. 7 Antakala, cousin of deceased Parshuram, P.W. 9 Abaji, P.W. 10 Babaji and P.W.15 Sukhdeo were also assaulted and they received injuries. P.W.10 Babaji informed about the incident by going to Police Station, Chamorshi. The Police arrived at the spot. Police took all the injured persons as well as dead body of Parshuram to the Hospital.

4) On the basis of the report given by P.W.1 Sagarbai, first information report (Exh. 258) came to be registered. In the first information report, P.W. 1 Sagarbai named the following 29 persons : PramilabaiGongle, Bhauji Gongle, Chandu Marpalliwar, Sanju Marpalliwar, Bandu Dhanorkar, Dilip Wasekar, Devidas Wasekar, Nandu Dhondare, Manoj Ogilwar, Sudhakar Marathe, Bhaskar Marathe, Kashinath Wasekar, Nanaji Mandhre, Diwakar Mandhre, Sudhakar Mandhre, Yadav Shinde, Nago Shinde, Shankar Badgewar, Istaribai Kardewar, Kamlabai Marpaliwar, Ganpati Gademudhe, Nirmala Gademudhe, Sindhubai Gedekar, Hiraman Gedekar, Nilabai Dhondare, Garubai Marathe, Mayabai Mandhre, Prabhakar Mandhre and Shakuntala Diwakar Mandhre.

5) During investigation, various panchanamas were executed by the Investigating Officer. According to prosecution, on the memorandum of accused persons, sticks allegedly used in the crime were also recovered from them. After completion of investigation, charge-sheet came to be filed. Since case was exclusively triable by the Sessions Court, the same was committed to the Sessions Court. The learned Sessions J