The High Court, as already indicated, sustained the acquittal of rest of the accused persons, but companyvicted and sentenced the appellants.
Other two accused persons assaulted the deceased with weapons.
He came out of the shop and found that the deceased Sanjan Gaonkar was running towards the house of Shobhana Parkar, which was very near to the said saloon and the appellants 1 to 3 were chasing him with weapons like sword and gupti in their hands.
The trial Court had also companymented upon the faulty investigation companyducted by the police and ultimately, gave the benefit of doubt to all the nine accused persons and they were acquitted.
7 of 1989 vide its judgment dated 25.9.1989.
81/87.
PW4, numbericing the above incident, went to Malwan police station and informed them of the incident and, on request, he gave the companyplaint in writing.
Aggrieved by the same, appellants herein have companye up with this appeal.
The trial companyrt numbericed various discrepancies, companytradictions and improvements in the evidence rendered by the eye witnesses and held that the prosecution had failed to prove that, at the relevant time, there was an unlawful assembly of five or more persons and that the accused persons had companymitted offences punishable under Sections 147, 148 and 149 IPC.
While the companyplainant was at that shop, at about 7.30 pm on 19.10.1987, he heard a voice of run run.
Police rushed to the place of incident and found Sanjau Gaonkar lying in a pool of blood just inside the door of the house of Shobhana Parkar.
The prosecution, in order to bring home the guilt, had examined as many as 20 witnesses, out of which PWs 4, 8, 15 and 16 are the eye witnesses.
The High Court also sentenced them for offences punishable under Section 302 read with Section 34 IPC to suffer imprisonment for life and pay a fine of Rs.5,000/ .
The prosecution version is as follows Deceased Sanjay Gaonkar and his two friends, namely, Anil Raut PW8 and Rajan Angane PW15 were chit chatting in front of Kishor Cycle Mart at Bharad Naka, Malwan.
The police, later, registered the offence at GR No.
The sentences were ordered to run companycurrently.
The inquest panchnama Ex.
48 and the report companyumn number 17 numbericed the injuries inflicted on the deceased.
Deceased Sanjay Gaonkar was about to enter the house of Shobhana Parkar when original accused number 1 gave a blow with a weapon like Gupti on the neck of the deceased and he fell on the ground.
The post mortem report Ex.
Having numbericed the post mortem report and evidence on record, in our view, the trial Court as well as the High Court have companyrectly companye to the companyclusion that the death of Sanjay Gaonkar was homicidal.
20 numbericed several incised injuries on the body of the deceased.
At that time, the companyplainant Suryakant Ramchandra Phansekar PW4, a resident of Malwan having his house in an area known as Vaiery, had gone to a saloon situated just in front of Kishor Cycle Mart, which was owned by Vijay Chavan PW3.
The trial Court acquitted all the accused persons in Sessions Case No.
S. RADHAKRISHNAN, J. Appellants herein, the original accused A 1, A 3 and A 7, were charge sheeted along with certain other accused persons for the offences punishable under Section 452, Sections 341, 302 IPC read with Section 34 IPC etc.
