A.M. Badar, J.

This appeal by original accused nos.1 to 3 is taken up for hearing by dispensing with the paper book on the request of the learned counsel appearing for appellants/accused nos.1 to 3 as it is reported that by now the appellants/accused have already undergone actual sentence of about 5 years out of total substantive sentence of 7 years of rigorous imprisonment imposed on them by the learned trial court. It is reported that they all are in jail from the year 2013.

2. The appellants/accused nos.1 to 3, by this appeal, are challenging the judgment and order dated 14th October 2016 passed by the learned Additional Sessions Judge, Pune, in Sessions Case No. 314 of 2014, thereby convicting them of the offence punishable under Section 307 read with 34 of the Indian Penal Code and sentencing each of them to suffer rigorous imprisonment for 7 years apart from payment of fine of Rs. 2,000/-, and in default, to undergo further rigorous imprisonment for a period of 3 months. The appellants/accused nos.1 to 3 were acquitted of offences punishable under Sections 120B and 212 read with 34 of the Indian Penal Code. The co-accused were acquitted of all offences.

3. Briefly stated, facts of the prosecution case are thus :

(a) Injured PW7 Sudarshan Choudhari was the leader of a panel contesting election of Gram Panchayat Sortapwadi. He had settled the dispute between Sunny Choudhary and Aakash Gore over some post on the Face-book. According to the prosecution case, this act on the part of injured PW7 Sudarshan Choudhari has resulted in the incident of murderous assault on him on 25th July 2013.

(b) According to the prosecution case, there was meeting of Gram Panchayat Sortapwadi on 25th July 2013. Injured PW7 Sudarshan Choudhari along with his friend PW6 Vaibhav Choudhari and driver PW5 Ravindra Gunjal went to the office of Gram Panchayat Sortapwadi at about 10.30 a.m. of that day. Injured PW7 Sudarshan Choudhari went inside the office of the Gram Panchayat whereas his driver PW5 Ravindra Gunjal and his friend PW6 Vaibhav Choudhari had chosen to stay in the four wheeler vehicle itself, which was parked just in front of the office of the Gram Panchayat. At about 12.15 p.m. of 25th July 2013, PW7 Sudarshan Choudhari started leaving the office of the Gram Panchayat Sortapwadi. When he was getting down the staircase of the building of the Gram Panchayat, appellants/accused nos.1 to 3 namely Shrikant alias Rajendra Vilas Choudhary, Vithal Laxman Gade and Hussain @ Ibrahim Yakub Shaikh met him. They had a talk. Thereafter, PW7 Sudarshan Choudhari proceeded towards his four wheeler vehicle. When he reached near his vehicle and was about to open the door thereof, appellant/accused no.1 Shrikant @ Rajendra Choudhary assaulted PW7 Sudarshan Choudhari by means of sattur on head as well as other parts of the body. Appellant/accused no.2 Vithal Gade assaulted injured PW7 Sudarshan Choudhari by means of a sword on face as well as other parts of body whereas appellant/accused no.3 Husain @ Ibrahim Shaikh assaulted him by means of a sword on neck and other parts of the body. Being seated in that vehicle, PW5 Ravindra Gunjal - driver of the injured as well as PW6 Vaibhav Choudhari witnessed the incident of murderous assault on PW7 Sudarshan Choudhari. After hearing shouts of PW7 Sudarshan Choudhari when he was being assaulted, PW4 Avinash Memane, Peon of the Gram Panchayat Sortapwadi also witnessed the incident of assault from gallery of the building of the Gram Panchayat.

(c) Injured PW7 Sudarshan Choudhari was then taken to Noble Hospital, Hadapsar, Pune, where he was treated by PW8 Dr.Suresh Dabalgaonkar. PW6 Vaibhav Choudhari reported the incident to police on 25th July 2013 itself which has resulted in registration of Crime No.373 of 2013 with Loni Kalbhor Police Station, District Pune.

(d) Routine investigation followed. During the course of investigation vide Memorandum of Panchnama Exhibit 161, Investigating Officer PW10 Sanjay Ahiwale,