The prosecution must prove beyond reasonable doubt that the accused were actuated by the common object as required by Section 141 of the IPC to establish the liability of the accused under Section 149 of the IPC.

JUDGMENT

1. It is an appeal under Section 374(2) of the Code of Criminal Procedure, 1973, preferred by the accused nos.1 to 3, 6, 7 and 16 against the conviction recorded in Sessions Case No.111 of 1991 by the IInd Additional Sessions Judge, Malegaon for the offences punishable under Section 147, 148 and 307, 452, 506II, 323 read with Section 149 of the Indian Penal Code, 1860 ('IPC' for short) and imposed sentence, particulars of which are as under ;

(i) For offence under Sections 147 and 148 of the IPC , rigorous imprisonment for one year and to pay a fine of Rs.500/- on each count, in default rigorous imprisonment for two months;

(ii) For the offence under Section 307/149 of the IPC, rigorous imprisonment for five years and to pay fine of Rs.1,000/- each in default to undergo for further rigorous imprisonment for three months;

(iii) For the offences punishable under Section 452/149 of the IPC, rigorous imprisonment for two years and to pay a fine of Rs.1,000/- each in default to undergo for further rigorous imprisonment for three months;

(iv) For the offences punishable under Section 506 (II)/149 of the IPC to suffer rigorous imprisonment for one year and to pay fine of Rs.500/- each in default to undergo for further rigorous imprisonment for one month;

(v) For the offences punishable under Section 323/149 of the IPC, suffer rigorous imprisonment for six months and to pay a fine of Rs.500/- each in default to undergo further rigorous imprisonment for one month.

(vi) Substantive sentences were directed to run concurrently.

2. Pending appeal, accused no.6 had passed away, therefore appeal abates against him.

3. Prosecution case in brief is that, accused (eighteen in numbers) being members of unlawful assembly, in prosecution of the common object, assaulted P.W.7-Laxmibai and her husband Pandit Jadhav (P.W.3) with dangerous weapons like swords in an attempt to cause their death on 2nd February, 1991, in the day light. MOTIVE:

4. Two days before the alleged incident, accused no.3-Narayan, had stalked, Vandana, minor daughter of Laxmibai, whereupon, her father Pandit Jadhav, reprimanded him, whereas Pandit's son, Ganesh slapped him. As such, accused no.3-Narayan, his relatives and his parents, bore malice against Pandit Jadhav, father of Vandana.

ALLEGATIONS:

Thus, alleged, accused barged in the house of Laxmibai, who were 7-8 in number, caused annoyance and in the course of the same transaction, accused no.3 hit Vandana. Laxmibai was thrashed by the accused, who were armed with weapons like rods and swords. One of the accused, Bhikan enquired as to where her husband was. Whereafter, all of them, went to office of Pandit Jadhav. He was assaulted, initially outside the office and when he took shelter in the office premises, he was pulled out and assaulted again by deadly weapons. Relatives of Pandit Jadhav and his office-mate, Popat Mitkari, intervened and made efforts to ease the anger of the accused, were also thrashed by the accused. All injured were treated in the Government Hospital at Malegaon. Laxmibai reported the incident, whereupon Crime No.11 of 1991 was registered under Sections 147, 148, 149 and 307 of the IPC.

5. Pandit Jadhav was examined as P.W.3 and his wife Laxmibai-P.W.7. Pandit was working in the office of the Maharashtra State Farming Corporation. He testified that accused no.1 to 8 alighted from white coloured Maruti car and thrashed him by fists and kick blows. Following that, he fell unconscious. He was removed to his office, where after fifteen minutes, he regained consciousness. He testified that accused while feeing the scene of offence, he stood across the car, whereupon a wheel of car, ran over his foot. He further testifies, injured were taken to the Wadia hospital. Prosecution has, also examined independent witness Mitkari, eventually a person, who was working in the office of Pandit Jadhav as P.W.2. This witness testified that accused no.1 Pundlik and others assaulted Pandit Jadhav and he along with