(1.) The order of the Sessions Court impugned by this petition has got to be set aside on the ground that it is just plainly unsustainable in law.
(2.) The facts are simple. One Kasturbai filed a complaint at the Police Station against accused Eknath complaining that she had been slapped by him when she objected to the accused taking cattle over her land. Eknath and other accused, who are respondents here, got annoyed and assaulted various persons, apparently associated with her on 22-9-1982. What they are alleged to have done is that on the said date that is on 22nd September, 1982 while two persons Vishnu and Arjun were sitting in the open site behind Mahadeo temple in the village, Accused Nos. 1 to 13 rushed towards them with sticks and axes in their hands and questioned them as to why Kasturbai, daughter-in-law of one of them, had filed the complaint at the Police Station. Simultaneously they started beating and assaulting both Vishnu and Arjun with sticks and axes. It is unnecessary to state the facts in more details at this stage. It is enough here to state that one Uttam who had intervened Arjun and some other members of the family concerned, sustained various injuries (as stated by the learned Sessions Judge himself in his impugned order). Uttam and other injured persons went to the Police Patil of the village and thereafter went to the Police Station and lodged an F.I.R. The Police registered the offence under sections 147, 148, 307 and 454 of the Indian Penal Code and registered the offence as Criminal Case No. 69 of 1983. The injured persons were thereafter sent by the Police to the Civil dispensary at Parande where they were treated. The necessary injury certificates were given to the injured persons; subsequent investigation was done and all the accused were charge-sheeted by the Police in the Court of the Judicial Magistrate, 1st Class at Parande for the above mentioned offences.
(3.) The learned Magistrate perused the necessary papers and passed the necessary order of committal of all the accused to Sessions Court for trial for the above mentioned offences including the offence under section 307 of the I.P.C. of attempt to commit murder.