The judgment establishes the application of legal principles in determining the guilt of the accused based on the nature of injuries, intention, and individual roles in the commission of the offences.

ANUJA PRABHUDESSAI, J.

The appellants in Criminal Appeal No. 765 of 2009 were the accused nos. 1, 2, 3, whereas the appellants in Criminal Appeal No. 753 of 2009 were accused nos. 4 to 12 in Sessions Case No. 168 of 2009 on the file of the Addl. Sessions Judge, Solapur (hereinafter referred to as accused, as arrayed before the trial court).

2. The accused were tried for the offences under Section 143, 147, 148, 302, 307, 324, 336, 337, 435, 427 r/w. 149 of the I.P.C. and under Section 135 of the Bombay Police Act, and Section 3, 25 of Arms Act and Section 3(1)(x) and 3(2)(iv) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

3. By the impugned judgment dated 25.5.2009 the learned Adhoc Addl. Sessions Judge acquitted the accused for the offences under Sections 307, 324, r/w. 149 of IPC, 3, 25, 135 of Bombay Police Act and 3(1)(x) and 3(2)(iv) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Act) 1989 and held the accused guilty of offence under Sections 147, 148, 302, 323, 326, 336, 337, 427, 435 all r/w. 149 of IPC and sentenced them as under:

(i) to undergo rigorous imprisonment for one year and fine of Rs. 1000/- each i.d. imprisonment for three months for offence under Section 147 IPC.

(ii) Rigorous imprisonment for one year and fine of Rs. 1000/- each i.d. simple imprisonment for three months for offence under Section 148 of IPC.

(iii) Life imprisonment and fine of Rs. 1000/- each i.d. Simple imprisonment for three months for offence under Section 302 r/w. 149 IPC.

(iv) Rigorous imprisonment for one month and fine of Rs. 200/- each i.d. Simple imprisonment for 10 days for offence under Section 323 r/w. 149 IPC.

(v) Rigorous imprisonment for one month and fine of Rs. 200/- I.d. Simple imprisonment for 10 days for offence under Section 336 r/w. 149 of IPC.

(vi) Rigorous imprisonment for two months and fine of Rs. 500/- each i.d. Simple imprisonment for one month for offence under Section 337 r/w. 149 of IPC.

(Vii) Rigorous imprisonment for one year and fine of Rs. 500/- each i.d. simple imprisonment for three months for offence under Section 435 r/w. 149 IPC and viii) Rigorous imprisonment for one year and fine of Rs. 500/- each for offence under Section 427 r/w. 149 of IPC.

4. Being aggrieved by the conviction and sentence the accused have preferred these appeals.

5. The case of the prosecution in brief is that on 8.5.2004 at about 8 p.m. the complainant Vinayak Khatal and his friends Vithal Gaikwad i.e. deceased, Balasaheb Sarvagod and others were proceeding from Panchsheel Nagar to Vadje Village to enquire about the assault on Dayanand, the brother-in-law of Vithal. Vinayak, Vitthal and Balasaheb were traveling by a motor cycle, whereas the others followed them by an auto-rickshaw bearing No. MWC 1528. When they reached near Hanuman temple at Village Dahitane, some boys of Muslim community from the said area started pelting stones at them, and as such they stopped at the place of the incident. Immediately thereafter the accused no. 1 rushed towards the complainant and gave a blow of knife on his left thigh. The accused no. 1 also tried to inflict a blow of knife on his abdomen, but the complainant avoided the same by putting his hand forward and in the process the complainant received an injury on his right palm. It is further alleged that the accused Munna Pathan also gave a blow of iron zari on the head of the complainant.

6. The accused no. 1. Yunus Nadaf took a sword which was in the hands of the other accused and stabbed Vithal Gaikwad, as a result, said Vithal Gaikwad sustained injuries and fell on the ground. The complainant and the other injured ran away from the spot to save their lives. The accused pelted stones at them while they were running away. Balasaheb Sarvagod and Shankar Bansode sustained injuries due to pelting of stones. The accused nos. 1 and 2 also damaged and burnt the motorcycle of Balasaheb.

7. The complainant and others went to Jodhbhavi Peth Police C