P.V. Hardas, J.

1. The Appellants /original accused Nos.1 to 4 and 6 who stand convicted for offence punishable under Sections 143, 147, 148, 324, 451 and 302 of the Indian Penal Code and sentenced to rigorous imprisonment for three months, rigorous imprisonment for six months, rigorous imprisonment for one year, rigorous imprisonment for one year, rigorous imprisonment for one year and to each accused to pay fine of Rs.300/- in default of which to undergo rigorous imprisonment for two months and imprisonment for life and to each accused to pay a fine of Rs.3,000/- in default of which to undergo further rigorous imprisonment for two years, respectively, with a direction that the substantive sentence shall run concurrently, by the 4th Additional Sessions Judge, Satara, by judgment dated 7 September 1998, in Sessions Case No.86 of 1989 by this Appeal question the correctness of their conviction and sentence.

2. Briefly stated the facts asare necessary for the decision of this Appeal are as follows :

P.W. 15 – PSI Hindurao Kejkar who on 11 December 1988 was attached to the Umbraj Police Station was informed by the P.S.O. about some incident at Antavdi. He was also informed that two to three injured had been brought to the Masur outpost and one of the injured was seriously injured. P.W.15 – PSI Kejkar accordingly proceeded to the Masur outpost. He was informed by Head Constable Mandlik that the injured had been sent to Krishna Hospital. The complainant, who had sustained simple injuries was present in the outpost. Accordingly his report was scribed at Exhibit 49. On the basis of the said report an offence vide Crime No.232 of 1988 was registered under Section 307 of the Indian Penal Code. A Head Constable was deputed in search of the accused. P.W. 15 – PSI Kejkar then proceeded to the scene of incident and in the presence of panchas drew the scene of incident Panchanama at Exhibit 33. From the scene of incident, samples of ordinary mud and bloodstained mud, a pillow, a wooden log and an iron bar were seized. The complainant had produced a pitcher which was also seized under the said Panchanama. Statements of witnesses were recorded. Meanwhile, Head Constable Nadaf had arrested accused No.1 – Bhaskar, accused No.2 – Vilas and accused No.3 – Mohan. The bloodstained clothes on the person of the accused were also seized. On the next day, the statement of P.W.11 - Jiva was recorded. Since injured Hanmant had succumbed to his injuries, Section 302 of the Indian Penal Code came to be added. Supplementary statements of the witnesses were recorded and the investigation was thereafter handed over to P.W. 16 – Dy.S.P. Ajit Patil.

3. P.W.16 – Dy.S.P. Ajit Patil who was entrusted with the investigation of Crime No.232 of 1988 recorded the supplementary statements of the witnesses. Accused Vasant was arrested and his clothes were seized. A search was made for the absconding accused. During custodial interrogation, accused Vasant expressed his willingness to point out the place where his clothes had been concealed. Accordingly a memorandum was drawn and the accused led the police and the pancha and produced his clothes which were seized. Accused Mohan during custodial interrogation also expressed his willingness to produce his clothes and accordingly a memorandum was drawn. Accused Mohan led the police and the pancha and produced his clothes which were seized. On 15 December 1988, P.W.12 – Executive Magistrate Sharad Sudam was requested to hold the test identification parade. The accused were referred to the medical officer for drawing their blood sample. During custodial interrogation, accused Vasant expressed his willingness to point out the place where sticks had been concealed. Accordingly the disclosure memorandum of the accused was recorded. The accused led the police and the pancha and produced the sticks which were seized. On 19th the clothes of Laxmibai were seized. Accused No.6 – Mugutrao was arrested. During custodial i