Prakash D. Naik, J.

The Appellants have preferred this appeal challenging the judgment and order dated 5th December 1996 passed by Additional Sessions Judge, Pune in Sessions Case No.572 of 1992.

2. During pendency of this appeal, Appellant no.1 (original accused no.1) and Appellant no.5 (original accused no.5) have expired. Police report in that regard has been placed on record along with death certificates. By order dated 5th August 2016, this Court has directed that appeal against said Appellants accused stand abated.

3. The brief facts of prosecution case are as follows :

(a) The complainant Abdul Rehman Shaikh Papa (PW-3) had lodged first information report with Swargate Police Station, Pune on 28th September 1991 against the Appellants accused. It is alleged that the accused nos.1 to 4 are brothers. Accused no.5 is related to them. The complainant had previously married with one Rabiyabi. Thereafter he was married to Rashidabi. Mehmudabi and Abidabi are the sisters of Rashidabi. Abidabi and Mehmudabi had married to Ramzan and they were residing together. Ramzan died about one and half year prior to incident;

(b) The complainant was visiting the house of Mehmudabi and Abidabi. The complainant has alleged that the accused were suspecting that the complainant was giving information against them to Police about business of liquor and this police used out carry on raid;

(c) On 28th September 1991, the complainant was intercepted by the accused. Accused no.5 caught hold of his leg and pulled him down. Accused no.4 gave blow by knife on his head and left leg. Accused no.1 brought acid in a german pot and poured the same on the person of the complainant. As a result of that, the complainant sustained acid burn injuries on his face, chest, back etc.. He was also assaulted by the accused. The complainant was taken to hospital. His statement was recorded. First information report was registered vide CR No.672 of 1991.

4. The charge was framed on 3rd September 1996 by the Trial Court, for offences under Sections 147, 148, 324 read with 149, Section 304 read with 149 of Indian Penal Code ('IPC').

5. The prosecution examined five witnesses. PW-1 Abidabi Shaikh (sister of accused nos.1 to 4), PW-2 Faimida Shaikh (sister of accused nos.1 to 4), PW-3 Abdul Reheman Shaikh Papa (complainant), PW-4 Dr. Deepak Ranade, Medical Officer, and PW-5 Dilip Panse, Investigating Officer. The defense examined one witnesses DW-1 Mrs. Rashidabei Abdul Reheman Shaikh (wife of complainant).

6. The prosecution relied upon the oral testimony of the aforesaid witnesses, documents such as dying declaration, first information report, medical certificate, medical case papers and C.A. reports in support of its case.

7. The Additional Sessions Judge, Pune by judgment and order dated 5th December 1996 convicted the accused nos.1 to 5 for the offences under Sections 307 read with 149, 324 read with 149, 148 and 147 of IPC. The accused were sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs. 2,000/- each for the offence under Section 307 read with 149 of IPC. They were sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 1,000/- each for the offence under Section 329 read with 149 of IPC. They were further sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 500/- each for the offence punishable under Section 148 of IPC and sentenced to undergo rigorous imprisonment for six months and to pay a fine of Rs. 500/- each for the offence punishable under Section 147 of IPC. The Appellants challenged the aforesaid judgment and order convicting them by preferring this appeal.

8. I have heard learned counsel representing the Appellants accused and learned APP representing the State. I have also perused the evidence on record.

9. PW-1 has not supported the prosecution case and was declared hostile. She is the sister of accused nos.1 to 4. She was cross examined by learned Prosecutor. In the