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6. The High Court also acquitted Tulsiram Bhanudas Kamble and Anil Dhondiram Mane for the offence under Section 302 read with Section 149 of the Indian Penal Code. It also acquitted the accused Tulsiram Bhanudas Kamble, Anil Dhondiram Mane and Rajendra Dashrath Kothalkar for the offence under Section 324 read with 149 of the Indian Penal Code.

7. The High Court converted the conviction of accused Tulsiram Bhanudas Kamble, Dagadu Shankar Naikwadi, Anil Dhondiram Mane and Rajendra Dashrath Kothalkar from Section 452 read with Section 149 of the Indian Penal Code and altered it to Section 452 read with Section 34 of the Indian Penal Code. It reduced the sentence to the period already undergone. The Court further set aside the conviction of Ganesh Kisan Shirsat @ Paparkar on both the counts namely Section 302 read with Section 149 and Section 452 read with Section 149 of the Indian Penal Code. It further allowed the appeal and set aside the conviction of Dhanaji Dashrath Kothalkar under Section 452 read with Section 149 of the Indian Penal Code.

12. The High Court acquitted appellants Ramchandra Bhanudas Kamble, Ashok Sahebrao Waghmare, Dnyaneshwar Shankar Naikwadi, Ganesh Kisan Shrisat @ Paparkar, Dhanaji Dashrath Kothalkar, Santosh Dashrath Kothalkar and Sunil Dhondiram Mane on all counts. Thus seven more of the accused were acquitted by the High Court, and the conviction of those accused convicted under Section 452 read with Section 34 and 149 of the Indian Penal Code was converted into conviction under Section 452 read with Section 34 of the Indian Penal Code.

26. It is surprising that while the High Court has found these accused to be guilty under Section 452 of the Indian Penal Code, it has found them to be not guilty under Section 302 of the Indian Penal Code. Once the Court has accepted that the appellants have committed the offence under Section 452 of the Indian Penal Code it follows that High Court has accepted the prosecution version that the accused along with others are the aggressors and the incident has happened in the courtyard of Laxman as alleged by the prosecution. Thus it is accepted by the High Court that the accused came with deadly weapons to the house of Laxman and committed criminal trespass in the said house. Thus the High Court has accepted the place of the incident. We, therefore, find it surprising that the High Court has held these accused not guilty under Section 302 of the Indian Penal Code.

47. As regards accused No.9 Santosh Dashrath Kothalkar, he has also been convicted under Sections 452/149 IPC and sentenced to three years' rigorous imprisonment. In appeal the High Court acquitted him on all counts. It has come in the evidence of Rajabhau Kamble ((PW-7), Dattatraya Kamble (PW-8), Bhaskar Bhinge (PW-11) and Mahesh Bhinge (PW-12) that these accused came along with the other accused persons and attacked, inter alia, Kailash, the deceased, with a Sattur. There is no cogent reason to disbelieve these witnesses. Since the State Government had not filed any appeal before the High Court against the sentence awarded to accused No. 9 Santosh Dashrath Kothalkar by the trial court, we cannot enhance this sentence. But we set aside the acquittal of accused No. 9 by the High Court and restore the sentence of three years' R.I. under Sections 452/149 IPC awarded to him by the trial court.