They rested there for some time.
One person, namely, Mohan was tried along with the respondents.
All the accused persons came together and assembled near the house of PW 1 and they were all armed with deadly weapons.
PW 1 tried to save himself by throwing tiles from the roof but he did number succeed and therefore, tried to run away from the house by jumping out from the roof.
As a result of the assaults given, left arm of PW 1 was severed and injuries were caused on his right arm.
However, accused chased him and he was assaulted.
The weapons and blood stained swords were companylected.
Accused No.1 Kashirao was armed with sword, Mohan was armed with an axe and other accused persons were armed with lathis.
They also carried the severed arm and showed it to his mother and ran away.
PWs 1, 5 and 7 were stated to be eye witnesses.
Another friend of PW 1 Jayawant PW 5 was also chased, but he successfully managed to escape by getting into a State transport bus.
The prosecution sought to prove the assaults on the deceased and PW 1 with the testimonies of PWs 1, 2, 5, 6 and 7.
On the date of incident when Gangadhar PW 2 , Jayawant PW 5 and Charandas PW 6 and the deceased were going to village Dhamori in an auto rickshaw, PW 1 was standing and he enquired from them as to where they were going and when he learnt that they were going to Dhamori he also accompanied them and all of them reached there at about 5.00 p.m. They went to the house of father in law of Gangadhar PW 2 who was the Sarpanch of the village.
On companying back to the house of PW 1, they shouted that they had killed one person from Amravati, others had run away and number they would kill PW 1.
Assuming him to be dead, they returned to the village.
His statement was recorded and the FIR was registered.
Thereafter, he along with his friends returned to his house.
PW 1 told his mother to prepare meat for his friends and asked PWs 5 and 6 to go to the house of Raghunath PW 3 and invite Gangadhar PW 2 for the feast.
Thereafter, they came back to the house of PW 1, pelted stones and when he ran away to save his life, the accused persons chased him and gave blows.
By the impugned judgment, the High Court held that only respondent No.1 Kashirao was guilty of offence punishable under Section 326 IPC in respect of the assault on deceased and other respondents were number guilty.
At about 6.30 p.m. accused Kashirao along with other accused persons and the deceased accused formed an unlawful assembly to cause death of PW 1 and his friends.
When the deceased tried to escape from the rear door being afraid of assaults, the accused persons chased him and assaulted him with deadly weapons and companymitted his murder.
The respondents preferred an appeal before the High Court questioning legality of the judgment passed by the trial Court.
Originally, Pundlik PW 1 used to stay in a village Dhamori but he shifted his residence to another village along with family members about one year before the date of incident.
All are residents of village Dhamori.
Mother of PW 1 went to the place where PW 1 was lying, gave him water and took him to Kolhapur Bus stand and then to Kolhapur police station.
Allegedly, the respondents were the assailants.
They proceeded towards the house of PW 1 with the companymon object of killing PW 1 and his friends.
Since he died during the pendency of the trial the matter was abated so far as he is companycerned.
Thereafter, PW 1 went to the weekly market along with Jayawant PW 5 , Charandas PW 6 and the deceased.
Placing reliance on their version, the companyviction was made and sentence was awarded as aforesaid.
Mohan is the son of accused No.1 Kashirao, Mahadeo A 4 and Sahadeo A 5 are real brothers and Ganesh A 7 is the son of Ajab A 6 .
Father of PW 1 met him at the market and PW 1 told his father to purchase mutton so that he companyld entertain his friends at night.
The accused persons were arrested and the charge sheet was placed.
Factual scenario according to the prosecution is as follows Relationship between Pundlik PW 1 and respondent accused No.1 Kashirao was strained since a long time.
He was later on taken to the hospital.
House of accused respondent number1 is at a short distance from the house of PW 1.
Each was sentenced to undergo imprisonment for life and three years for the offences relatable with Section 302 read with Section 149 and Section 307 read with Section 149 IPC respectively.
All the accused persons hurled stones at the house of Pundlik PW 1 and threatened to kill him and his friends.
ARIJIT PASAYAT, J. On 27.12.1987 Subhash Warankar hereinafter referred to as the deceased lost his life and Pundlik PW 1 was seriously injured.
