(1.) HEARD Shri C. R. Deshpande, learned Advocate for the appellants, and Smt. B. R. Khekale, learned APP for the Respondent. Perused the record.
(2.) THE appellants herein, being aggrieved by the judgment and order dated 30. 12. 1994 passed by the learned Additional Sessions judge, Dhule, in Session Case No. 94 of 1993, thereby they were convicted for the offences under Sections 325, 436, 337, 147. 148 read with Section 149 of Indian Penal code, have preferred this appeal, challenging the said judgment and order of conviction and sentence passed.
(3.) THE incident, which gave rise to the prosecution and the subsequent appeal after the order of conviction and sentence, took place on 19. 5. 1993, in the morning at residential huts in Gavthan survey number of village Pimpripada, a hamlet of village wakwad in Shirpur Taluka of Dhule District. The main grievance of the appellants Was that, because of the hutments of the victims, interest of the appellants, Who are inter-se related, was affected, as they were cultivating that piece of land, where the Victims had their huts. Therefore, in an incident that took place in the morning, when the victims refused to remove their huts from that land, the appellants, having gathered there and also formed unlawful assembly with the common object of causing hurt to the inmates of the huts, so also to destroy the huts, had assaulted some of the victims, including complainant Gopal Dalsha, and one Fattu, with sticks, axe, slings, causing grievous injuries to them and also set on fire complainant's hut during the course of same transaction and also robbed complainant of cash amount of Rs. 5,000/ -. After the complaint was lodged, offence was registered and on completion of investigation, the appellants came to be charge-sheeted and in due course of time, case was committed to the Court of Session, Dhule. The appellants pleaded not guilty to the charge and claimed to be tried.