The main legal point established in the judgment is the importance of reliable eyewitness testimonies and the need for consistency with medical evidence in criminal cases.

JUDGMENT

N.R. Borkar, J. - Both these appeals are fled against one and the same judgment and order dated 05.02.2000 passed by the IInd additional Sessions Judge, Raigad in Sessions Case No. 89 of 1994. Both these appeals were therefore, heard together and are being disposed of by this common judgment.

2] appellant Nos.1 and 3 in Criminal appeal No.128 of 2000 and appellant Nos.2,3,5 and 6 in Criminal appeal No. 129 of 2000 have expired during the pendency of present appeal.

3] The appellant Nos.2 and 4 in Criminal appeal No. 128 of 2000, who were accused Nos.10 & 13 respectively, and the appellant Nos.1, 4, 7, 8 and 9 in Criminal appeal No.129 of 2000, who were accused Nos.1,5,11,14 and 15 respectively before the trial Court, were tried for the ofences punishable under sections 147, 148, 302, 307 and 323 read with 149 of the Indian Penal Code (for short 'IPC'). By the impugned judgment and order, the trial Court convicted :

a] accused Nos.1,5,11,14 and 15 for the ofence punishable under section 302 read with 149 of IPC and sentenced them to sufer Life Imprisonment.

b] accused Nos.1,5,11,14 and 15 are also convicted for the ofence punishable under section 326 read with 149 of the IPC and sentenced to sufer R.I. for fve years.

c] accused Nos.1,5,11,14 and 15 are also convicted for the ofence punishable under section 323 read with 149 of the IPC and sentenced to sufer S.I. for three months.

d] accused Nos. 10 and 13 are convicted for the ofence punishable under section 323 of the IPC and sentenced to sufer R.I. for one year.

4] It is the case of the prosecution that the deceased Laxman Tukaram Lahane, on the date of incident, which took place on 12.12.1993, was Sarpanch of village Surav, Tal. Mangaon, Dist. Raigad. There was a political rivalry between the deceased and persons from his party on one side and the accused on the other side.

5] according to the prosecution, on the day of incident at about 7.45 p.m., the deceased Laxman Lahane was sitting in the courtyard of the house of Dashrath Lahane and was chit-chatting with him. It is alleged that at that time, the accused came there and started assaulting him by iron bar, knife, stick and sickle. Dashrath Lahane tried to intervene, however, according to the prosecution, he too was assaulted by the accused.

6] according to the prosecution, the son of deceased, i.e. PW-4 Dattaram Lahane was informed about the assault. He came to the spot of incident. On seeing his father in injured /dead condition, he got annoyed and started searching the assailants. according to the prosecution, he too was assaulted by the accused when he was in front of house of one Sanjay Lahane.

7] The report in relation to incident was lodged. On the basis of said report, crime vide crime No. 72 of 1993 was registered for the ofences punishable under sections 147,148, 149, 323, 307 and 302 of the IPC for committing murder of Laxman, attempt to kill Dashrath and causing hurt to PW-4 Dattaram. On completion of investigation, the charge-sheet was fled against the accused.

8] The accused were charged and tried for the aforesaid ofences. as stated earlier, the trial Court by the impugned judgement and order, convicted accused Nos.1,5,11,14 and 15 for the ofence punishable under sections 302, 326 and 323 read with 149 of IPC and accused Nos.10 and 13 for the ofence punishable under section 323 of the IPC.

9] We have heard learned counsel for the appellants/ accused and learned aPP for the respondent -State.

10] The trial Court to convict the appellants/accused has relied upon the evidence of following four eye-witnesses:

(i) PW-1 Smt. Sundar B. Karkare;

(ii) PW-2 Smt. Suman Kashiram Lahane;

(iii) PW-3 Smt. Janabai Chandrakant Lahane; &

(iv) PW-4 Dattaram Lahane.

11] according to PW-1, on the day of incident, there was post marriage ceremony of one Sanjay Lahane and pre-marriage ceremony of one Sakharam Lahane. Thus, as per the tradition to perform certain rituals almost all the male members in the village had gone to the temple whic