1. Heard Advocate for the appellant and A.P.P. Perused the impugned judgment and record.

2. In all 13 accused persons were charged for various offences under sections 147,148, 307 read with 149, 120B of Indian Penal Code and under section section 135 of the Bombay Police Act. In the course of the incident Dilip Thongre (P.W.11) was assaulted and he suffered severe injuries.

3. Considering the evidence led by the prosecution the learned Sessions Judge convicted accused no.1 for offence punishable under section 307 of IPC and sentenced him to suffer rigorous imprisonment for three years and fine amount of Rs.5,000/- and acquitted all accused including appellant for all other remaining offences.

4. In this appeal against conviction the ground put forward by appellant is summarised as below :-

(a) The reasons due to which the accused nos.2 to 13 are acquitted in relation to all other charges the appellant no.1 as well is entitled for acquittal from all charges including for the offence under section 307 of IPC.

(b) Since the victim who has proved the assault is liable to be believed since that principle of “falsus in uno falsus in omnibus”, is not applicable in India, ho