The judgment emphasizes the importance of establishing the accused as aggressors and the presence of a premeditated plan to inflict injuries in criminal cases.

Anuja Prabhudessai, J.

1. These appeals are directed against the judgment and order dated 10th May, 2013 in Sessions Case No. 59 of 2010 whereby the learned Addl. Sessions Judge-1, Raigad, District Alibag, acquitted the aforesaid Respondents/accused for offences punishiable under sections 307 r/w. 149, 323 r/w 149, 143, 144, 147, 148 and 504 of the IPC and under section 37(1), 135 of the Bombay Police Act.

2. The case of the prosecution in brief, is that on 5.7.2009 PW2-Sujit Patil and some other boys were playing cricket on the school ground of village – Patnoli. PW1-Vilas Patil, PW3-Sandeep Patil and PW4- Kashinath Patil were sitting by the road and watching the cricket match. It is alleged that the accused No. 1 Deepak Patil and his brother Anil got down from Safari vehicle and came to the school ground and started abusing PW2-Sujit Patil and others. Thereafter the accused left the place of the incident and returned with other accused, who were armed with weapons such as hockey sticks, sword, lathi, etc. The accused assaulted the complainant and his brothers PW2-Sujit Patil, PW3-Sandeep Patil, PW4-Kashinath, etc. As a result, the complainant and others sustained grievous injuries and they were taken to Government Rural Hospital.

3. PW10-Prakash Patil, PSI, who was informed about the incident had visited Gandhi Hospital where the accused were admitted. He recorded statement of Deepak Patil (A1), pursuant to which he registered Crime No. 275 of 2009 for offences under 302, 307, 326, 325, 324, 504, 143, 144, 147, 148 and 149 of the IPC and under section 37(1), 135 of the Bombay Police Act and under sections 4 and 25 of the Indian Arms Act against the complainant PW1-Vilas Patil, PW2-Sujit Patil and others (accused in C.R. No. 275 of 2009). While PW10-Prakash Patil, PSI learnt that the accused in C.R. No. 275 of 2009 were also injured and were admitted in Purohit Hospital. He visited Purohit Hospital. Accordingly he recorded the statement of PW1-Vilas Patil pursuant to which Crime No. 276 of 2009 against aforesaid Respondents came to be registered for offences under sections 307, 323, 504, 143, 144, 147, 148 and 149 of the IPC and under section 37(1), 135 of the Bombay Police Act.

4. PW10-Prakash Keshav Patil, PSI visited the place of the incident and conducted the scene of offence panchanama and seized the incriminating material lying at the place of the incident. He recorded the statement of the witnesses, arrested the accused and on completion of investigation filed the charge sheet before the JMFC, Panvel. The case being sessions triable was committed to the Sessions Court, Raigad and registered as Sessions Case No. 59 of 2010.

5. It is to be noted that the Crime No. 275 of 2009 was also investigated and charge sheet was filed against PW1- Vilas Patil, PW2-Sujit Patil, PW3-Sandeep Patil, PW4-Kashinath Patil and others for forming unlawful assembly and committing murder of Anil, attempting to commit murder of Manohar and for causing injuries to Deepak, Pravin, and others and thereby committing offences under sections Sections 143, 144, 147, 148, 302 r/w. 149 of the Indian Penal Code. The said case was committed and registered as Sessions Case No. 134 of 2009. The prosecution had adduced evidence in both cases. By judgment dated 10th May, 2013 the learned Judge convicted the accused in Sessions Case No. 134 of 2009 arising from C.R. No. 275 of 2009. By the judgment of the same date the learned Judge acquitted the accused in Sessions Case No. 59 of 2010 arising from C.R. No. 276 of 2009. The judgment in Sessions Case No. 134 of 2009 has been challenged by the accused in Criminal Appeal No. 667 of 2013 and 668 of 2013 whereas the judgment of acquittal in Sessions Case No. 59 of 2010 was challenged by the State as well as the complainant by filing the present appeals.

6. The learned APP Mr. Dedia has submitted that the evidence of injured witnesses viz. PW1-Vilas Patil, PW3-Sandeep Patil and PW4-Kashinath Patil which is corr