JUDGMENT

SURENDRA P.TAVADE, J. - Both the appeals are directed against the judgment and order dated 30th June, 2001 passed by the Additional Session Judge, Thane, in Session Case No. 294 of 1999.

2. Criminal Appeal No. 554 of 2001 is preferred by the Original Accused No. 4, who was convicted for the ofence punishable under Sec. 307 r/w 34 of the Indian Penal Code (for short "IPC ") and sentenced to sufer RI for fve years and to pay fine of Rs. 1, 000.00, in default in payment of fine, he was directed to undergo RI for six months. The Original Accused No. 5 was also convicted as above, but he did not prefer an appeal against the said order.

3. The Original Accused Nos. 1 to 3 and 6 to 8 have been acquitted for the ofence charged against them. Therefore, the State has preferred the appeal bearing No. 790 of 2001. The parties to both the appeals shall be called and referred as per their status in the original Sessions Case No. 294 of 1999.

4. Facts giving rise to the present appeals, can be summarized as under:

The Informant, Milan Mhatre (PW-1) was active member of Janta Dal Party, while Accused No. 1 was the member of Congress Party. At the relevant time, Accused No.1 was President o