the medical evidence and also evidence of the injured persons, we are inclined to accept the submissions of the earned defence counsel to certain extent. The evidence of PW1 Ravi Bodke and PW2 Sukhdev Bodke and PW3 Shanta Sonawane disclose that accused Nos.1 and 2 mounted assault on the head of Ravi. However, it appears that there were one or two blows on his head. However, he did not die instantaneously. He was admitted in ICU. He was treated for the same and finally, he died after six days. Thus, the manner in which the assault has taken place, it appears that they were angry and wanted to create terror in the mind of the family members of the complainant. Unfortunately Vinod suffered head injury with cricket stump and succumbed to it. Sukhdev had sustained fracture to his left hand. We agree that it is an offence of a lesser degree and therefore, it will be correct to bring down the sentence to a lesser degree i.e., from under section 302 to section 304 part I / II (??????) of the Indian Penal Code against the accused Nos.1 and 2, who caused injury to Vinod. However, Sukhdev had sustained fracture to his arm and the offence is under section 326. There is a specific mention about the attack, so, we do not want to interfere with the sentence under section 326 r/w section 34 of the Indian Penal Code. The offence has taken place in June, 2007. Accused Nos.1 and 2 are in the prison and they have undergone the sentence for a period of nearly 9 years and 42 days. So also, other accused Nos.3, 4, 5 and 6 have spent 7 months to 9
