JUDGMENT Ashok Agarwal, J. - The appellants are original accused Nos. 1, 2 13, 16 and 21. They have preferred the present appeal seeking to challenge an order of conviction and sentence passed against them on 30th of January, 1986 by the learned 6th Additional Sessions Judge, Thane in Sessions Case No. 79 of 1984. By the said order they have been convicted under various counts. Accused No. 1 is convicted under sections 347, 353 read with Section 149 and Section 333 of the Indian Penal Code. For the offence under Section 147, I.P.C. he has been sentenced to suffer rigorous imprisonment for six months and to pay a fine of Rs. 100/-, in default to suffer further rigorous imprisonment for one month. For the offence under Section 353 read with section 149, I.P.C. he is sentenced to suffer rigorous imprisonment for nine months and to pay a fine of Rs. 200/- in default to suffer further rigorous imprisonment for two months. For the offence under Section 333 he has been sentenced to suffer rigorous imprisonment for one year and to pay a fine of Rs. 300/-, in default to suffer further rigorous imprisonment for three months. Accused Nos. 2, 13, 16 and 21 have been convicted under sections 147 and 353 read with section 149 of the Indian Penal Code. For the offence under section 147, I.P.C. each of them has been sentenced to suffer rigorous imprisonment for six months and to pay a fine of Rs. 100/-, in default to suffer further rigorous imprisonment for one month. For the offence under Section 353 read with section 149, I.P.C. each of them has been sentenced to suffer rigorous imprisonment for nine months and to pay a fine of Rs. 200/-, in default to suffer further rigorous imprisonment for two months. 2. At the trial, 22 accused were charged under sections 147, 148, 149, 325, 353 read with section 34 and section 333, I.P.C. for having, on the 28th of August, 1983, at about 4.00 p.m. alongwith 35 to 40 others, at Shivram Reserve Forest Compartment No. 253 in village Dhanivari, Dahanu on Bombay Ahmedabad road, near 407/6 k.m. pillar, with a common intention to rescue accused No. 16 from the lawful custody of forest officers used force and violence in prosecution of the common object of the unlawful assembly. The accused were armed with deadly weapons like sticks and stones. They wrongfully restrained the forest officer from performing their official duties. They attacked the forest officers, causing grievous hurts to them. 3. The case of the prosecution is that at the aforesaid material time a mobile squade of the forest department was patrolling in order to find out if there was any illicit cutting of forest wood going on. The Forest Officers came there by a forest jeep MXY 6176. They parked the jeep on the high way and entered the forest compartment No. 253. They heard sound of cutting of trees. They proceeded in that direction and found that one tree was cut down and, three-four persons were cutting the branches of that tree. Before they could reach all, except accused No. 16, made good their escape. The officers however, succeeded in apprehending accused No. 16. They started proceeding towards their jeep with accused No. 16. When they came near the high way a mob of 60 to 70 persons gathered there. The mob started hitting sticks on the forest jeep. Hence, the jeep driver Kalpande ran away with that jeep. The persons in the mob were insisting upon releasing accused No. 16. They started pelting stones on the forest officers. Accused No. 1 and accused No. 21 were armed with sticks. Both of them assaulted the forest officer, P.W. 2 Chandrashekhar Patange, by those sticks. Due to pelting of stones some of the forest officers, which include P.W. 3 Balkrishna Keni, P.W. 5 Ramachandra Tumbada and P. W. 6 Bharat Mahale sustained injuries. When Mahale sustained injuries accused No. 16 rescued himself from Mahale and joined the mob and started pelting stones on the aforesaid forest officers. The complainant P.W. 1 Trimbak Chavan stopped one truck on the high way and removed the injured to the hospital. He thereafter proceeded to Kasa Police Station by another truck and lodged his complaint (Exhibit-32) complaint was recorded by Sub-Inspector Mahale. P.S.I. Mahale registered the offence and handed over the investigation to P.W. 9 Jamadar Awatade. Jamadar Awatade drew the panchanama of the offence (Exhibit 40) and attached certain articles that included a sickle, stone etc. He also drew a panchanama (Ext. 41) in respect of the tree which was cut-down by accused No. 16 and others. P.S.I. Mahale registered the offence and handed over the investigation to P.W. 9 Jamadar Awatade. Jamadar Awatade drew the panchanama of the offence (Exhibit 40) and attached certain articles that included a sickle, stone etc. He also drew a panchanama (Ext. 41) in respect of the tree which was cut-down by accused No. 16 and others. Investigation was, thereafter, taken over by the P.S.I. Rajput, who after completing the investigation filed the charge-sheet against all the accused. 4. All the accused pleaded not guilty. According to them they had filed an application to the Government to allot a forest land to Adiwasis for cultivation. The Forest department was objecting to the grant of the prayer. The Forest Officers have, therefore, falsely involved them in this case. 5. The learned Judge of the trial Court found that the evidence led by the prosecution was not sufficient to bring home the complicity of several accused which were arrayed before him. He, therefore, proceeded to pass an order of acquittal in their favour. As regards the present appellants, the learned Judge found that the evidence of the prosecution was sufficient to bring home the guilt against them. He, therefore, proceeded to pass an order of conviction and sentence against them. The said order is impugned in the present appeal. 6. I have, with the assistance of Shri Walawalkar, the learned counsel appearing on behalf of the convicted accused, and Smt. Keluskar, the learned Public Prosecutor gone through the entire evidence on record. I have also perused the judgment and order of the trial court which is impugned in the present appeal. In my view, the order of conviction passed against the appellants is fully justified on the evidence on record, In the present case we have the evidence of P.W. 2 Chandrashekhar Patange, P.W. 3 Balkrishna Keni, P.W. 5 Ramachandra Tumbada and P.W. 6 Bharat Mahale. All these had suffered injuries at the material time. We next have the evidence of P.W. 4 Laxman Kalpande who was the driver of the jeep and P.W. 7 Laxman Mathe, Forest Guard. We further have the evidence of P.W. 1 Trimbak Chavan, who lodged complaint. All these witnesses have witnessed the incident. 7. As against accused No. 1, he has been implicated by P.W. 1 Chavan, P.W. 2 Patange, P.W. 3 Keni, P.W. 5 Tumbada and P.W. 8 Kore. We further have the evidence of P.W. 1 Trimbak Chavan, who lodged complaint. All these witnesses have witnessed the incident. 7. As against accused No. 1, he has been implicated by P.W. 1 Chavan, P.W. 2 Patange, P.W. 3 Keni, P.W. 5 Tumbada and P.W. 8 Kore. As regards the accused No. 2, he has been implicated by P.W. 2 Chandrasekhar Patange, P.W. 5 Ramachandra Tumbada and P.W. 5 Tukaram Kore. As against accused No. 13, he has been implicated by P.W. 1 Chavan and P.W. 5 Tumbada. Accused No. 16 has been implicated by P.W. 2 Chandrashekar Patange, and accused No. 21 has been implicated by P.W. l Chavan, P.W. 2 Patange, P.W.5 Tumbada, P.W. 6 Bharat Mahale and P.W. 8 Tukaram Kore. As far as the accused Nos. 13 and 21 are concerned their names are shown in the F.I.R. As far as accused Nos. 1, 13 21 are concerned they are known to the prosecution witnesses since prior to the date of incident. Hence, there can be no difficulty in respect of their identification. As far as the accused No. 16 is concerned, he was apprehended at the spot. As far as the accused No. 2 is concerned, he has been duly implicated by the aforesaid witnesses. I find the evidence of these witnesses, many of whom sustained injuries at the time of the incident, cogent and satisfactory. Their evidence is sufficient to bring home the guilt as against these accused. The order of conviction is, therefore, fully justified on the material on record and the same deserves to be confirmed. 8. As regards sentence, Shri Walawalkar has strenuously urged that the incident in question has taken place way back in August, 1983. A period of almost ten years has gone by now. According to him this is a fit case where the appellants should be released on the sentence of one month which they have already undergone. 9. Smt. Keluskar on the other hand has submitted that the prosecution witnesses who are Forest Officers were discharging their duties and official functions. They were guarding forest trees against their destruction and theft. They had caught accused No. 16 while he was cutting the branches of a tree which they had cut. 9. Smt. Keluskar on the other hand has submitted that the prosecution witnesses who are Forest Officers were discharging their duties and official functions. They were guarding forest trees against their destruction and theft. They had caught accused No. 16 while he was cutting the branches of a tree which they had cut. While they were removing accused No. 16 towards forest jeep a mob of about 60 to 70 persons which included the present appellants, came and started demanding the release of accused No. 16. They mounted an attack on the forest officers causing numerous injuries. The instant offence, so pleads Smt. Keluskar, is of a serious nature and no mercy deserves to be shown to the accused. Having heard the rival contentions on the point of sentence, in my view, the following sentence will meet the ends of justice. 10. The impugned order of conviction passed by the trial Court is confirmed. The substantive sentence imposed upon accused No. 1 on all the counts is reduced to six months rigorous imprisonment. The sentence of fine as also the sentence of in default of payment of fine, is maintained. As far as appellant Nos. 2 to 5 are concerned, the substantive sentences imposed upon them, on all the counts, is reduced to three months rigorous imprisonment. Their sentence of fine and the sentence in default of payment of fine is maintained. The appeal is partly allowed in the above term. The accused shall surrender to their bail. Appeal allowed partly.