The main legal point established in the judgment is the reliance on consistent and credible witness testimony, supported by medical and circumstantial evidence, to establish guilt in a criminal case.

Shalini Phansalkar Joshi, J.

1. Both these appeals are arising out of one and the same judgment and order dated 20th April, 2007, in Sessions Case No.233 of 2005, by the learned Additional Sessions Judge, Solapur. Hence they are being decided by this common judgment. By the impugned judgment, the original accused No.1 Ravi and accused No.7 Siddhappa were convicted for the offence punishable under Section 302 read with 34 of the Indian Penal Code and sentenced to suffer imprisonment for life and to pay fine of Rs.1,000/- each in default to suffer simple imprisonment for three months. They were also convicted alongwith original accused No.13 Sanjay and accused No.14 Gajanan, for the offence punishable under Section 323 read with Section 34 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for three months and to pay fine of Rs.200/- each in default to suffer simple imprisonment for two weeks. Being aggrieved by the said judgment, original accused No.1 Ravi and accused No.7 Siddhappa have preferred Criminal Appeal No.482 of 2007 challenging their conviction and sentence whereas the State has preferred Criminal Appeal No.292 of 2008, challenging the acquittal of original accused Nos. 1 to 15 for the offences punishable under Sections 147, 148, 325, 302 read with section 149 of the Indian Penal Code.

2. Brief facts of both these appeals can be stated as follows :-

P.W.2 Laxman and Shankar were the real brothers interse. Prabhavati was the daughter of Shankar and was given in marriage with one Siddharam Shegaonkar. He had expired about 10 years prior to the incident leaving behind his widow Prabhavati and son Mahesh as his only legal heirs. Sundarabai the sister of deceased Siddharam, was given in marriage to accused No.4 Shrimant Lade. After the death of Siddharam, partition was effected in the landed property left behind by him at village Kalagi. In the said partition 74 acres of agricultural land was given to Mahesh and Prabhavati; whereas 21 acres of agricultural land was given to Sundarabai the wife of accused No.4 Shrimant Lade. Accused No.4 was not happy with the said partition and demanded more share to Sundarabai. Therefore, there was quarrel and disputes between prosecution witnesses and the accused persons.

3. On 10.5.2005, at about noon time P.W.2 Laxman and his brother Shankar asked, Ramrao the son of accused No.4 Shrimant Lade, as to why they were opposing the mutation of name of Mahesh and Prabhavati to revenue record of the agricultural land even after partition. At that time altercation took place between P.W.2 Laxman and Ramrao the son of accused No.4 Shrimant Lade. Both of them filed cross complaints against each other at Mandrup Police Station in connection therewith. Police called both the parties to come again to police station on the next day in the morning at 11.00 a.m.

4. However, on the same night at about 7.00 p.m. when P.W.2 Laxman, his brother Shankar and his nephew P.W.4 Shrikant were returning to village Nimbargi from the police station alongwith deceased Siddharam and P.W.5 Raosaheb on two motorcycles. When they reached at S. T. stand of Nimbargi, near panshop of one Babulal Inamdar, accused Nos 1 to 15 were present, armed with knife, sticks and stones. They pulled P.W.2 Laxman, his brother Shankar and deceased Siddharam from motorcycle and assaulted them by sticks and stones. P.W.3 Jagdeo and Sharanappa who were present there tried to intervene and rescue P.W.2 Laxman, Shankar and the deceased Siddharam from the assault. However, due to assault by the stick and stones on the head, chest, back and other vital parts of the body, deceased Siddharam, Shankar and P.W.2 Laxman sustained serious injuries. After assault, accused persons left the spot whereas P.W.2 Laxman and other injured approached Mandrup police Station. Therefrom they were referred to Civil Hospital for medical treatment.

5. On 11.5.2005 P.W.11 ASI Bansode recorded the complaint of P.W.2 Laxman and on his complaint