JUDGMENT

P.S. Brahme, J.— Heard Shri C.R. Deshpande, learned Advocate for the

appellants, and Smt. B.R. Khekale, learned APP for the Respondent. Perused the record.

2.The appellants herein, being aggrieved by the judgment and order dated 30-12-1994 passed by the learned Additional Sessions Judge, Dhule, in Session Case No. 94 of 1993, thereby they were convicted for the offences under Sections 325, 436, 337, 147, 148 read with Section 149 of Indian Penal Code, have preferred this appeal, challenging the said judgment and order of conviction and sentence passed.

3.The incident, which gave rise to the prosecution and the subsequent appeal after the order of conviction and sentence, took place on 19-5-1993, in the morning at residential huts in Gavthan survey number of village Pimpripada, a hamlet of village Wakwad in Shirpur Taluka of Dhule District. The main grievance of the appellants was that, because of the hutments of the victims, interest of the appellants, who are inter se related, was affected, as they were cultivating that piece of land, where the victims had their huts. Therefore, in an incident that took place in the morning, when the victims refused to remove their huts f