P.V. Hardas, J.

1. The Appellants-Original Accused Nos. 1, 3, 4 and 5, who stand convicted for offence punishable under Sections 147, 148, 302 r/w. 149 and sentenced to R.I. for 2 years and each accused to pay fine of Rs. 500/- in default of which to undergo R.I. for 6 months, R.I. for 2 years and each accused to pay fine of Rs. 500/- in default of which to undergo further R.I. for 6 months and imprisonment for life and each accused to pay fine of Rs. 1000/- in default of which to undergo further R.I. for 2 years, with a direction that the substantive sentences shall run concurrently, by the II Additional Sessions Judge, Solapur, by Judgment dated 18.7.1992, in Sessions Case No. 54 of 1992, by this Appeal challenge their conviction and sentence. Since Appellant No. 2/Original Accused No. 2 had expired, the Appeal filed by him was dismissed as abated. This Appeal therefore is restricted to the challenge to the conviction and sentence of Accused No. 1 Ganapati, Accused No. 3 Kalappa, Accused No. 4 Bhimashankar and Accused No. 5 Ramesh. Facts as are necessary for the decision of this Appeal may briefly be stated thus.

PW-20 Head Constable Baburao Dige, who on 18.10.1991 was on