JUDGMENT :

(PER SADHANA S. JADHAV, J.)

1. The appellants in Criminal Appeal No. 136 of 1996 have been convicted by the learned IIIrd Additional Sessions Judge, Solapur in Sessions Case No. 122 of 1996 for the offences punishable under section 147, 148 and 326 read with 149 of Indian Penal Code and under section 135 of the Bombay Police Act and they are sentenced to suffer rigorous imprisonment for 7 years and to pay fine of Rs. 1000 (each), in default, to suffer further rigorous imprisonment for 6 months, vide judgment and order dated 26th February 1996. The appellants preferred Criminal Appeal No. 136 of 1996. The substantive sentence of all the appellants was suspended by this Court vide order dated 18th March 1996. The appeal is abated against the respondent nos. 3, 4, 10 and 12.

2. Such of the facts necessary for the decision of both the appeals are as follows:-

a) On 13th December 1996 Subhash Yadavrao Patil, (P.W.1) was taken to primary health centre in an injured condition. There was a brutal assault upon his right leg below the knee and he could not stand. He was admitted in the hospital by his nephew-Ramesh Gaikwad. Since he was seriously injured his statement was purportedly