V.K. Jadhav, J.

By way of criminal appeal No. 254 of 2016, appellants therein, who are the original accused Nos. 1, 3, 4 and 7, challenge the judgment and order dated 17.03.2016 passed by the learned Additional Sessions Judge, Dhule in Sessions Case No. 101 of 2012 thereby convicting them for the offences punishable under Section 304 Part I r.w. 34 of I.P.C. and sentencing to suffer R.I. for ten years and to pay fine of Rs.50,000/- each i/d to suffer S.I. for two years. The appellant-original accused No.1 Prashant is also convicted for the offence punishable under Section 324 of I.P.C. and sentenced to suffer R.I. for three years. Both the sentences of accused No.1 Prashant shall run concurrently.

2. The State of Maharashtra has also filed criminal application No. 3403 of 2016 seeking leave to file appeal against the very same judgment and order dated 17.3.2016, thereby acquitting the respondents therein i.e. original accused Nos. 1 to 7 of the offences punishable under Sections 143, 147, 148, 302 r.w. 149, 307 r/w 149, 504 r.w. 149 of I.P.C. and under Section 3(1)(x) and 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and under Section 4/25 of the Arms Act and Section 135 of the Maharashtra Police Act. The State of Maharashtra has also filed criminal appeal thereby seeking enhancement in the sentence awarded to original accused Nos. 1, 3, 4 and 7.

3. The prosecution version, as unfolded during trial, is as under:-

a. On 04.02.2012, at about 3.00 to 3.15 p.m. due to a quarrel which took place between accused No.1 and deceased Satish Nagrale, on account of dancing in college gathering, which was going on in the premises of S.V.S. Arts and Science college, Dondaicha, all accused caught hold of deceased Satish near Mandal Choufuli. They started beating deceased Satish by means of kick and fist blows. At that time, accused No.7 brought one white Maruti car bearing registration No. MH-04-B-7054. All accused have removed swords and wooden logs from the said car and they started beating deceased Satish. The deceased was taken by the side of the road and accused No.1 Prashant Girase inserted the sword in the thigh of deceased. When the complainant P.W.1 Walmik Ganesh Zalte bent down for saving deceased Satish, accused No.1 Prashant gave a blow of sword on the head of the complainant by which the complainant had sustained head injury. At the relevant time, when several students of the said college had gathered there, all the accused fled away. The complainant Walmik and deceased Satish were taken to the Dondaicha Cottage Hospital. The Medical Officer, Dondaicha had referred the complainant Walmik and deceased Satish to Civil Hospital, Dhule for taking further treatment. The Medical Officer of the concerned Hospital at Dhule had declared injured Satish as dead. Thereafter, the statement of P.W.1 Walmik was recorded in the hospital which has been treated as report against the accused persons.

b. On the basis of the report of complainant, crime No. 00/2012 for the offences punishable under sections 143, 147, 148, 302, r.w. 149, 307 r.w. 149, 504 r.w. 149 of I.P.C., Sections 3(1)(x) and 3(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 4/25 of the Arms Act and Section 135 of the Maharashtra Police Act came to be registered against the accused persons. Subsequently, the said report lodged by complainant P.W.1 Walmik came to be transferred to Dondaicha police station which came to be registered as crime No. 11 of 2012 for the aforesaid offences. Since the offences were triable by the Court of Sessions, the case was committed to the Court of Sessions and numbered as Sessions Case No. 101 of 2012. The learned Additional Sessions Judge, Dhule framed charges against the accused persons for the offences punishable under Sections 143, 147, 148, 302, r.w. 149, 307 r.w. 149, 504 r.w. 149 of I.P.C., Sections 3(1)(x) and 3(2)(v) of the Scheduled Castes