Aggrieved by the conviction of the present appellants, recorded by the learned Additional Sessions Judge, Beed in Sessions Case No. 76/2009, vide judgment and order dated 13.6.2011, for the offences punishable under section 307 read with section 34 of the J.P. Code, under section 341 read with section 34 of the J.P. Code and under section 506 read with section 34 of the I.P. Code, original accused Nos. 1, 2 and 4 have preferred the present criminal appeal. Accused No. 1 Manmath and accused No.2 Bhagwan i.e. the present appellants No. 1 and 2, respectively were sentenced to suffer rigorous imprisonment for seven years and to pay a fine of Rs. 1000/- each, while accused No.4 i.e. present appellant No.3 Baburao was sentenced to suffer rigorous imprisonment for three years and to pay a fine of Rs. 5000/- each, for the major offences, while different sentences were awarded for rest of the offences. All other lesser sentences were, however, directed to run concurrently with these sentences.

2. Aggrieved by the lesser sentences awarded by the Sessions Court, the original complainant - Pandurang Maruti Rasal has filed Criminal Revision Application No. 101 2012.

3. The prosecution case, in short, is as under :–

That, PW 1 Pandurang Maruti Rasal - the complainant and his son - the injured in the incident i.e. PW-3 Subhash are residents of village Gawari in Beed district. They had their agricultural land. A dispute over a sandal-wood tree in certain land was continuing between the complainant and his son on one side and the present appellants alongwith two more accused i.e. acquitted accused as well as juvenile accused Praveen Kadam, on the other.

The incident in question had occurred on 18.11.2008 at about 5 p.m. The complainant – PW1 Pandurang was driving the motorcycle from their land of Safepur towards village Gawari. PW-3 Subhash was the pillion rider. When the motorcycle was proceeding towards the village from Gawari square, at that time the present appellants alongwith acquitted accused and juvenile accused came in front of the motorcycle. They were wielding sticks, sickles and sword. Accused No.1 Manmath (present appellant No.1) gave a push to the motorcycle. Both the motorcycle riders fell on the ground. Appellant No.1 Manmath assaulted PW-3 Subhash with a sickle over his head. Accused/appellant No.2 Bhagwan assaulted PW3 Subhash by a sword over his head. The rest of the accused started beating the injured with sticks. When complainant - PW-1 Pandurang tried to intervene, all of them threatened him to be away from the place of assault, else warned that he would also be killed. At that time, accused No.4 Baburao was instigating the others by exhorting them to kill PW3 Subhash. After a while PW-3 Subhash was seen motionless on the ground. In the circumstances, assuming that he might have died, all the accused went away.

Due to the shouts of the complainant, some villagers by name Mahadu Rasal, Baban Rasal, Suresh Rasal, etc. came on the spot of occurrence. PW3 Subhash was taken by a vehicle of one Appa Jogdand to the Civil Hospital, Beed. However, since he was seriously injured and was unconscious, he was referred to Aurangabad. The complainant accompanied PW3 Subhash to Aurangabad and admitted him in a private hospital of Dr. Dunakhe at Aurangabad. On 21.11.2008 i.e. two days after the incident, the complainant returned to the village, as his father had died in the village. After his funeral, the complainant went to Police Station, Neknur and filed his complaint. It was found that besides other injuries, right eye of the injured was removed and one of his fingers was amputated. On these allegations, the complaint came to be filed.

4. PW7 A.P.I. Sanjay Lohakare had already received a phone-call on the day of incident i.e. on 18.11.2008 of one advocate Kavathe that injured Subhash was beaten by some villagers and was already admitted in Civil Hospital, Beed. Therefore, P.S.I. Nalawade was sent to the village for confirmation. Af