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1. Since these three connected criminal appeals arise out of the same set of facts and a common impugned judgment, we are disposing them of by one judgment.

2. Through these criminal appeals, the appellants challenge the judgment and order dated 4th January, 1996, passed by the Additional Sessions Judge, Pandharpur in Sessions Case No. 44 of 1995, whereby they have been convicted and sentenced in the manner stated hereinafter:--

(i) All the appellants under section 452 r/w 149 I.P.C. to undergo 3 years R.I.:
On 19-2-1995 at about 5 p.m. the deceased persons, Bhaskar Bhinge and Dattatraya Kamble alongwith some others were watching a film on television inside the house of the deceased Laxman, in Pandharpur Taluka, within the limits of District Sholapur. The informant Rahabhau Kamble and Pandurang Bhinge also came there. After some time Pandurang Bhinge left. At about 7.30 p.m. the film got over. Thereafter the deceased persons, Dattatraya Kamble and Rajabhau Kamble came and sat in the courtyard of Laxman. Bhaskar Bhinge remained inside and was listening to the news. At that time in the jeep of acquitted accused Laxman Paparkar the appellants alongwith acquitted accused Laxman Paparkar, Walchand Shah, Manikchand @ Babusha Shah and Balu Kamble came. They were armed with weapons-Sattur, axe and sword. They entered inside the court-yard of Laxman. Appellants Tulsiram Kambale and Dagadu started inflicting blows with swords on Dattatraya's person. Appellants Rajendra and Anil Mane assaulted Dattatraya with Sattur. Kailas Bhinge, the deceased at that time was sitting by the side of water tank which was in the court-yard. Appellants Ramchandra with an axe, Santosh, Dhananjay alias Dahanaji, acquitted accused Laxman, Walchand and Babusha with swords started assaulting him. Appellant Tulsiram also is said to have joined them. Bhaskar Bhinge (P.W.

This incident was seen by the victims, Rajabhau Kamble and Suresh Sobaji (P.W. 13) in electric light.

It is said that Kailas Bhinge succumbed to the injuries on the spot.

Immediately after the appellants and the acquitted accused persons had run away. Rajabhau Kamble took Laxman Kamble and Dattatraya Kamble to Municipal Dispensary, Pandharpur. Bhaskar Bhinge and Mahesh Bhinge also came there.

4. The evidence of Dr. Anil Joshi (P.W. 9) of Municipal Dispensary, Pandharpur shows that at 7.45 p.m. he examined Laxman Kamble and found him to be dead. At 8 p.m., 8.45 p.m. and 9.15 p.m. the same day, Dr. Joshi examined Dattatraya Kamble, Bhaskar Bhinge and Mahesh Bhinge respectively.

6. The evidence of the informant Rajabhau Kamble (P.W. 7) shows that from Municipal Hospital, Pandharpur the police took him to Pandharpur Town Police Station where his F.I.R. was lodged at 8.40 p.m. the same day. It was recorded by A.P.I. Vithal Jadhay (P.W. 18), who or its basis registered a case under sections 147, 148, 302, 307, 452, 323, 324 and.188 I.P.C. vide C.R. No. 23 of 1995.

7. It is pertinent to point out that the same day, between 11 p.m. to 11.50 p.m. Sharan Basappa Tarapore (D.W. 3) an Executive Magistrate, recorded the statement of Dattatraya Kamble. The said statement is Exhibit -130 and in it Dattatraya stated that the same day between 7 to 7.30 p.m. while he was sitting with Kailas Bhinge and Laxman Kamble, appellant Tulsiram Kamble, Anil Mane, Dagadu Naikwadi, Raja Kothalkar and two other unknown persons came and started assaulting him. Tulsiram and Dagadu assaulted him with swords and the other persons with axe. All were shouting that "he be killed".