JUDGMENT :

N.J. Jamadar, J.

1. These appeals are directed against the judgment and order dated 31st May, 2003 in Sessions Case No.182 of 2000, whereby and whereunder accused no.1 Anand and accused no.4 Sandeep (Appellants in Appeal No.736/2003 and Respondents in Appeal No.1381/2003) came to be convicted for the offences punishable under Section 307 read with Section 34 of the Indian Penal Code, 1860 (“IPC”) and sentenced to suffer rigorous imprisonment for five years and pay fine of Rs.1,000/- each, with default stipulation, and the accused nos.2, 3 and 5 to 9 came to be acquitted of the offences punishable under Section 143, 147, 148, 149, 307 and 109 of the IPC.

2. The background facts leading to these appeals can be stated in brief as under:

(a) Mr. Vinayak Nimhan (hereinafter referred to as the first informant) was elected as a Member of Maharashtra Legislative Assembly, in the elections held in the year 1999. A few days after the declaration of the result, Dasara Festival was being celebrated on 19th October, 1999. As a traditional practice at about 8.00 pm. the first informant came in front of Prashant Genral Store, Pashan, to distribute bauhinia leaves i.e. (Apta – customary gol