JUDGMENT

U.U. Lalit, J.

1. This appeal by special leave challenges the judgment and order dated 22.06.2006 passed by the High Court of Bombay in Criminal Appeal No. 885 of 2001 acquitting the Respondents namely original Accused Nos. 1, 2, 3, 7, 10, 12, 29 and 30 of the charges Under Sections 302, 307, 326, 324, 427, 436, 435, 452, 147 and 148 read with Section 149 of the Indian Penal Code.

2. According to the prosecution, deceased Tanaji Pandurang Rathod, his brothers and father were trustees of Durgamata Temple in Village Sevalal Nagar, Taluka North Solapur, Solapur. They were also members of Sahakari Krushi Society, which society had received about 44 acres of agricultural land from the Government. There was a dispute in the village over this agricultural land. On 30th April, 2000 Tanaji, his brothers and father had opened Durgamata Temple at 4.30 a.m. and performed pooja. After completion of pooja while Drums, Shankh and Bells were being played and blown, at about 5.50 am, a group of persons came there holding sticks, axes, swords and stones. The mob started assaulting Tanaji, who received injury by a sword. His brothers and family members who tried to intervene were also assaulted. Tanaji managed to run towards the cluster of houses of the family of his uncle Hemla Tukaram Rathod. He was running for his life and went from place to place followed by the mob. His brothers, other relations, sister and wife Sarojini were all the while pleading that he be spared but the mob was relentlessly after Tanaji. The brothers who intervened were also assaulted. Finally Tanaji had taken refuge in the house of his uncle Hemla Tukaram Rathod. The members of the mob removed the tiles of the roof and managed to catch Tanaji who was then taken to the field in front of the house of Hemla Tukaram Rathod and assaulted with sword, axes and sattur. The members of the mob then entered the house of Tanaji, carried away all the documents from his house and set them on fire. Valuables like gold ornaments and cash were also taken away.

3. The family members managed to put Tanaji and other injured in a tempo which carried them to Civil Hospital, Solapur for treatment. However, Tanaji was found to be dead. The injured were given treatment and PW1 Parmeshwar, brother of Tanaji informed the police about the incident, pursuant to which FIR was registered. In his statement PW1 Parmeshwar named thirty four persons from the mob and also attributed overt acts to some of those named persons. Crime No. 37 of 2000 was therefore registered on 30.04.2000 and investigation was undertaken. The body of Tanaji was sent for post-mortem.

4. PW16 Dr. Pradeep Chinchure and Dr. P.V. Antrolikar performed post mortem on 30.04.2000 and found following external and internal injuries:

1. Incised wounds two in numbers right fronto parietal region,

a) 2"x2 bone deep, skull palpable fracture.

b) 2"x1/2 bone deep with palpable fracture.

2. Incised wound occipital region 3 1/2"x1" bone deep with fracture skull,

3. Chop wound near left elbow joint 6 cm x 4 cm bone deep with fracture numerous obliquely placed with loss of anatomical continuity,

4. Incised wound 2" above left ankle joint 3"x1" muscle deep,

5. Chop wound above left ankle with amputation exposing muscle bones of left lower leg, foot attached by skin anteriorly 7"x4" bone deep,

6. Multiple incised wounds

a) right foot 3"x1" bone deep on lateral maleolus of right ankle,

b) 2" below right ankle 4"x1" muscle deep,

c) 2" below inj. No. (b) about 3"x1" muscle deep,

d) 2" below inj. (c) 2" x 1"x muscle deep,

7. Incised wound above right knee joint 3" x 1"x muscle deep,

8. Incised wound on thigh lateral aspect upper part 4"x1" bone deep,

9. Chop wound right palm 3"x1" bone deep with partial amputation of middle, ring, little finger and complete amputation of inner finger which is missing.

10. Chop wound right fore-arm 3"x2" bone deep with fracture underlying bone.

11. Chop (incised) would 7"x2" bone deep on back near right buttock,

12. Incised wound rig