JUDGMENT (ORAL) Asliok Agarwal, J. - At the trial, 26 accused were charged for offences punishable under Sections, 147, 148, 307, 326 and 323 read with Section 149 of the Indian Penal Code. The incident in question took place on the 27th of March, 1985 at about 8.00 p.m. near Holi Chowk in village Khandhane, Taluka Malegaon, District Nasik. By the impugned judgment and order accused Nos. 1 to 7, 9 and 23 to 26 were convicted under Sections 147, 148,326 and 323 read with Section 149 of the Indian Penal Code. For the offence under Section 326 read with section 149 I.P.C. the aforesaid accused were sentenced to suffer rigorous imprisonment for three years. For the offence under Section 323 read with Section 149 of the Indian Penal Code they were sentenced to suffer rigorous imprisonment for six months. For the offence under Section 148 they were sentenced to suffer rigorous imprisonment for six months. No separate sentence was passed in respect of the offence under Section 147 of the Indian Penal Code. The rest of the accused were acquitted. The present appeal has been preferred by the aforesaid convicted accused. 2. The present appeal arises out of Sessions case No. 168 of 1985 of the file of the Sessions Court Nasik. In respect of an incident which had taken place at about the same time, a counter case being Sessions Case No. 136 of 1986 was lodged by the party of the accused against the prosecution witnesses. Though that case was triable by the Court of Judicial Magistrate, First Class, the same was committed to the Court of Sessions as the same related to the subject matter of the present Case. Both the cases were tried one after the other and were also decided one after the other. As far as the counter case being sessions Case No. 136 of 1986 is concerned, the accused therein who are the prosecution witnesses in the present case, were acquitted. As far as the present case is concerned, the same resulted in the acquittal of some of the accused and conviction of others who are appellants before me. 3. According to the prosecution, there were two rival political parties in the village one was led by accused No. 23. He was formerly Sarpanch of the village. As far as the present case is concerned, the same resulted in the acquittal of some of the accused and conviction of others who are appellants before me. 3. According to the prosecution, there were two rival political parties in the village one was led by accused No. 23. He was formerly Sarpanch of the village. The other party was led by one Dagadu Lotan who is related to the injured witnesses. Dagadu Lotan was the previous Sarpanch and accused No. 23 succeeded him. The party of the accused belonged to the Congress (I) whereas the party of the prosecution witnesses belonged to Congress (S). 4. About a month prior to the date of the incident elections to the Vidhan Sabha were held. Accused No. 23 had then approached P.W. 1 Uttam Vishnu and the other members of his family soliciting their votes for the symbol 'panja'. However, those persons boldly told accused No. 23 that they would vote for whichever candidate they thought fit. Accused No. 23 had then given threats of dire consequences on that occassion. This, according to the prosecution, formed a motive for the commission of the instant offence. 5. Another incident occurred on the date of the incident, which appears to have added an edge to the enmity which already existed between the rival groups. A yatra of Pimpali Devi was being held in the village. During the Yatra, Tamesh used to be performed. On the second day following the day of the yatra wrestling bouts used to be held. A peculiar mode of preparing the wrestling bouts none was being followed by the villagers. Some one amongst them used to be blind folded. He was thereafter given a chapal tied to handkerchiefs. The blind folded, person thereafter moved in circles thereby moving the Chappal in circles. Due to this movement a ring used to be formed and an area for wrestling was formed. On that day, it was accused No. 1 who was blind folded for the purpose. While he was moving in circles, the Chappal hit one of the boys, who had assembled. P.W. 5,Chagan Gulba had exchange of words with accused No. 1 on that count. This resulted in cancellation of the Wresting bouts. This, according to the prosecution, added a further edge to their hostility. 6. While he was moving in circles, the Chappal hit one of the boys, who had assembled. P.W. 5,Chagan Gulba had exchange of words with accused No. 1 on that count. This resulted in cancellation of the Wresting bouts. This, according to the prosecution, added a further edge to their hostility. 6. It was about 7.45 or 8.00 p.m. on the date of the incident which occurred on the 27th of March, 1985. P.W. 9 Hilal, who is the grandson of the complainant P.W. 1- Uttam alongwith his maternal uncle P.W. 7 Prakash was proceeding from their house towards Thrashing Floor. When they reached near a school which is at some distance away from the Holl Chowk, accused Nos. 1,23, 24, 25 and 26 came there. Accused No. 1 was armed with a chain accused No. 25 was armed with an axe and accused Nos. 23, 24 and 26 were armed with sticks. They started assaulting P.W. 7 Prakash Hilal immediately left the place and informed of the incident to P.W. 1 Uttam. Uttam, in the company of Hilal, proceeded towards the Holl Chowk. There, they were confronted with all the 26 accused who were armed with various weapons. All of them assaulted Uttam. The other prosecution witnesses, who are closely related to Uttam, came on the scene one after the other and the accused assaulted each of them. The injured witnesses who were the victims of the assault are, P.W. 1 Uttam Vishnu Garde, he is the complainant in the case, his First Information Report is at Exhibit-32. The others, who sustained injuries on account of the assault at the hands of the accused, are P.W. 2 Ramkrishna Ratan Garde. P.W. 3 Babu Vishnu Garde, P.W. 4 Popat Krishna Garde, P.W. 5 Chhagan Gulba, P.W. 6 Ratan Vishnu Garde, P.W. Prakash Baburao Garde, and P.W. 8 Raghunath Deoram. After the incident of assault, the injured were removed to their house and were thereafter taken to Malegaon where they were treated by P.W. 14 Dr. Ramchandra Dhondiram Sonkamble. Dr. Sonkamble issued medical certificates in respect of the injuries found on the aforesaid injured witnesses. After the incident of assault, the injured were removed to their house and were thereafter taken to Malegaon where they were treated by P.W. 14 Dr. Ramchandra Dhondiram Sonkamble. Dr. Sonkamble issued medical certificates in respect of the injuries found on the aforesaid injured witnesses. The medical certificates of injuries of P.W. 1 Uttam is at Exhibit-63, of P.W. 6 Ratan is at Exhibit 64, of P.W. 3 Babu at Exhibit- 65, of P.W. 2, Ramkrishna at Exhibit - 66, P.W. 5 Chhagan at Exhibit 67, P.W. 4 Popat at Exhibit68, P.W.7 Prakash at Exhibit-69 and of P.W. 8 Raghunath is at Exhibit 70. Apart from the injured witnesses, Dr. Sonkamble also examined three accused for the injuries they had sustained. The injury certificate in respect of injuries to accused No. 24 is at Exhibit - 71 of accused No. 12 at Exhibit - 72 and that of accused 22 at Exhibit 73. As already stated, a complaint in respect of the incident was lodged by P.W. 1 Uttam. The same was lodged at a about 4, 15 a.m. on 28th of March, 1985. The complaint is at Exhibit-32. The complaint was recorded by P.W. 15. Sudaro Khude, a P.S.I. attached to the Malegaon Taluka Police Station. He took over investigation. P.W. 16 Suresh Kulkarni, another P.S.I. attached to the said police station, took over investigation. After completion of investigation a charge sheet was filed against the accused. 7. At the trial, the prosecution apart from examining the aforesaid injured witnesses, examined P.W. l0 Popat Motiram Pawar, a panch witness who has scribed a panchanama in respect of scene of offence which is' at Exhibit 46. The prosecution further examined P.W. 11 Pundlik Kisan Mohite and P.W. 12 Trimbak Garde, who are panch witnesses to the discoveries alleged to have been made by different accused in respect of different weapons which were alleged to have been used for the commission of the crime. Both the panch witnesses turned hostile and refused to support the Prosecution. It is not necessary to give the details in respect of the discoveries as nothing incriminating was found on the weapons which were alleged to have been discovered. The said discoveries, therefore, do not in any way further the case of the prosecution. 8. All the accused pleaded not guilty to the charge framed against them. Their defence was one 'of total denial. The said discoveries, therefore, do not in any way further the case of the prosecution. 8. All the accused pleaded not guilty to the charge framed against them. Their defence was one 'of total denial. According to the defence, it was accused No. 24 who was assaulted by the prosecution witnesses. A complaint in respect of the said incident was lodged by the accused's side against the prosecution witnesses. The complaint filed by the accused was anterior in point of time. The injured, accused was also treated prior to the treatment given to the prosecution witnesses. The present case filed against the accused was a false and a concocted case: The accused explained the injuries sustained by the injured persons by stating that the crowd which had assembled to watch the wrestling bouts" had got enraged because the prosecution witnesses did not allow the wrestling bouts to go on. The crowd which consisted of unknown persons assaulted the injured witnesses as they were responsible for not allowing the wrestling bouts as well as the tamasha to be held on the day of the Yatra. According to the defence, the accused had been falsely implicated on account of prior enmity. As far as accused No. 23 is concerned he set up a plea of alibi. According to him he was not present at village Khadhane on the relevant date. He was at Dhule as he was one of the examiners at the University examinations. 9. On an appraisal of the evidence adduced on behalf of the prosecution, the learned Additional-Sessions Judge, Nasik was pleased to pass the order, which I have already detailed above. The same is impugned in the present appeal. 10. Shri Kotwal, the learned Counsel appearing on behalf of the appellants, who are the convicted accused in the present case, has taken me through the entire evidence on record. I have heard Shri Kotwal, as also Smt. Randive, the learned Public Prosecutor, in support of their respective claims. Shri Kotwal, after taking me through the entire evidence on record, submitted that the impugned order of conviction which has been recorded under Section 326 read with Section 149 of the Indian Penal Code cannot be sustained. I have heard Shri Kotwal, as also Smt. Randive, the learned Public Prosecutor, in support of their respective claims. Shri Kotwal, after taking me through the entire evidence on record, submitted that the impugned order of conviction which has been recorded under Section 326 read with Section 149 of the Indian Penal Code cannot be sustained. He has pointed out that amongst the convicted accused the only deadly weapon which is alleged to have been used at the time of the assault was an axe which is alleged to have been in possession of accused No. 25. In respect of the assault at the hands of accused No. 25 with an axe, we have the evidence of P.W. 3 Babu, P.W. 5 Chhagan and P.W. 6 Ratan, P.W. 3, Babu, P.W. 5 Chhagan and P.W. 6 Ratan deposed to an axe blow being given to P.W. 1 Uttam. Then P.W. 5 Chhagan and P.W. 6 Ratan deposed to an axe blow being inflicted upon Babu. P.W. 6 Ratan has deposed to an axe blow being given to himself. In addition to the above witnesses, we have the evidence of P.W. 2 Ramkrishna who has deposed to an axe blow being given to him by accused No. 25. In regard to the initial assault by the accused on P.W. 7 Prakash, we have the evidence of Prakash himself and P.W. 9 Hilal. Both of them deposed to an axe blow being given by accused No. 25 to Prakash. 11. Though the aforesaid witnesses deposed to an assault by an axe, the said evidence is not corroborated by the medical evidence on record. Neither of the aforesaid injured witnesses have sustained an injury which could have been caused by an axe. In the circumstances, I am constrained to hold that the aforesaid evidence in regard to the assault by accused No. 25 with an axe is highly doubtful. Hence, no reliance can be placed on the aforesaid evidence in so far as it pertains to the assault by an axe. 12. What remains in the hands of the accused persons are sticks and a chain. As far as chain is concerned, we have it in the evidence of Dr. Sonkamble that the edges of the chain were not sharp. None of the injuries noted by him are possible by a chain having sharp ends. 12. What remains in the hands of the accused persons are sticks and a chain. As far as chain is concerned, we have it in the evidence of Dr. Sonkamble that the edges of the chain were not sharp. None of the injuries noted by him are possible by a chain having sharp ends. The rest of the convicted accused are supposed to have wielded sticks. In the circumstances, it is not possible to hold that any of these accused were armed with deadly weapons. In the circumstances, the order of conviction which is recorded under Section 326 of the Indian Penal Code cannot be up-held. The offence, if at all, will be one under Section 325 of the Indian Penal Code. 13. At this stage, Shri Kotwal has submitted that since the date of the offence there has been a change in the atmosphere in the village. The political rivalry, which then existed, no longer is there. The Congress (5) party has now merged in Congress (I) party. The accused are distinctly related to the prosecution witnesses. They have all resolved their disputes and are living in peace. In the circumstances, he has prayed for permission to compound the instant offence. He has prayed for a short adjournment in order to enable the accused to make formal applications for compounding the case. 14. In my view, the prayer of Shri Kotwal in the circumstances mentioned by him, is just and proper and deserves to be considered. In the instant case, there are eight injured witnesses who will have to apply for leave to compound the offence. Smt. Randive has suggested that each one of them should remain present in this Court while applications are made on their behalf for compounding. This, I am afraid, is bound to entail undue expenditure on the parties concerned. Instead of each of them coming to this Court, I direct that the applications for compounding should be supported by affidavits of the respective injured witnesses. The said applications should, in the first instance, be presented to the trial Court i.e. the Court of Additional Sessions Judge, Nasik. The trial Court will examine the euthenics and the genuineness of the applications concerned. After being satisfied, the trial court shall make an endorsement on each of the applications that the applications are genuine and are made bona fide. The trial Court will examine the euthenics and the genuineness of the applications concerned. After being satisfied, the trial court shall make an endorsement on each of the applications that the applications are genuine and are made bona fide. The said applications, bearing the aforesaid endorsement, can thereafter be presented before me after serving copies thereof to the learned Public Prosecutor. The applications will, thereafter be taken up by me for consideration. Certified copy of the operative part of the aforesaid order, in regard to the prayer for compounding the offence, be expeditiously delivered to Shri Kotwal, the learned Advocate appearing on behalf of the appellants S.O. to 13th September 1993. Criminal Appeal No. 211 of 1987 At this stage Shri Kotwal appearing on behalf of the appellants has submitted an application on behalf of the injured witnesses and the appellants for permission to compound the offences for which the appellants are found guilty. The said offences are compoundable with the permission of the Court. In my view, having regard that all the facts and circumstances of the case, this is preeminently a fit case where permission as prayed for should be granted. Permission to compound is granted and the appellants are acquitted of all the charges leveled against them. Their bail bonds shall stand cancelled. Appeal is allowed. Appeal allowed accordingly.