IMPORTANT POINT
The court established that the use of deadly weapons in a coordinated attack indicates a common intention to kill, and the defense of private defense was not applicable as the accused did not demonstrate a reasonable apprehension of danger.

JUDGMENT/ORDER

VIBHA KANKANWADI,J. - Present Appeal has been filed by original accused Nos.1 and 2 challenging their conviction by the learned Additional Sessions Judge-4, Aurangabad on 26/11/2015 in Sessions Case No.380 of 2012 after holding them guilty of committing offence under Sec. 302, 326 read with Sec. 34 of the Indian Penal Code.

2. The prosecution story, in short, is that the informant Subhash is resident of Warudi, Taluka-Paithan, DistrictAurangabad. His family consists of his wife and children. His brother Ashok resides adjacent to him with his wife, children and their parents. The accused persons are distantly related to them and reside in the same lane at some distance. His brother Ashok has two daughters. Around 2.00 a.m. on 4/6/2012 when Ashok's wife and daughter were sleeping on Ota (raised platform) situated in front of their house, accused No.1 Manohar with one child in conflict with law and their friend had pulled hand of daughter of Ashok with ill-intention. Ashok had lodged report regarding the said incident with MIDC Paithan Police Station. Accused No.1 had, therefore, grudge against Ashok and family.

3. It is the further prosecution story that around 8.30 p.m., on 2/7/2012, Ashok, his wife Meerabai and mother Kantabai, PW-1 Subhash were sitting on Ota in front of their house and were taking dinner. Accused No.1 Manohar came there under drunken condition and started hurling abuses. Ashok and Subhash had tried to convince him, but he caught hold of the collars of their shirts near throat. When Subhash and Ashok were trying to rescue themselves, accused No.2 Uttam i.e. father of accused No.1 came there armed with two sword sticks (gupti). Accused No.2 Uttam gave one of the sword stick to accused No.1 Manohar and thereupon accused No.1 Manohar pierced the sword stick on the left side of the chest of Ashok. Thereafter, he pierced the sword stick in the back of Ashok. When Subhash went to rescue Ashok, accused No.2 Uttam pierced the sword stick twice in the left thigh of Subhash. Ashok as well as Subhash sustained bleeding injuries and they fell on the ground. Thereupon Meerabai came to rescue them but at that time accused No.2 Uttam inflicted blow of sword stick on the right side of abdomen of Meerabai. She had also sustained bleeding injuries and fell down. Thereafter Kantabai raised shouts and at that time another accused Babasaheb, who is cousin of accused No.1 Manohar, caught hold the hands of Kantabai and accused No.1 Manohar gave blow of sword stick on her abdomen. Original accused No.3 Jijabai gave beating to Kantabai by fists and slaps. Kantabai also sustained bleeding injuries and fell down. Villagers took the injured to the Rural Hospital, Paithan. Somebody had informed the incident of assault to the Police Station and therefore, Police came to village Warudi and then they came to know that injured persons have been taken to Rural Hospital, Paithan, therefore, PW-12 PI Rajendra Kadam went to Hospital by deputing staff members in the village. It was noticed by PI Kadam that all the four injured persons had sustained serious injuries, even then he gave letter to the medical officer seeking permission to record their statements but it was certified by the medical officer that injured are not in a position to give statements. The medical officer at Rural Hospital, Paithan then referred all the injured to Ghati Hospital, Aurangabad. Along with the injured, PI Kadam had sent Police Naik Shri Lone to Ghati Hospital to record statements of the injured persons. However, upon reaching at Aurangabad the medical officer declared Ashok dead and the other injured persons were admitted for treatment. Thereafter Police Naik Shri Lone recorded the statement of Subhash and on the basis of the same the First Information Report (for short "the FIR") was registered vide Crime No.87 of 2012 under Ss. 302, 307, 326, 325, 323, 504 read with Sec. 34 of the Indian Penal Code. PI Kadam has then investigated the matter.

4. The In