Judgment

M.M. PUNCHHI :- This appeal by special leave is against the judgment and order dated 20-2-1981 of the High Court of Bombay in Criminal Appeal No. 14 of 1974.

2. For the view we are taking, it would not be necessary to detail out the entire case. It would be enough to mention that the sole appellant herein, named Ramesh Maruti Patil, along with eight others stood trial under S.302/323 read with S. 149. IPC etc. for causing the death of one Moti Ram and causing injuries to three others on the complainant side. On the side of the appellant four accused were stated to have suffered injuries during the occurrence which took place on March 3, 1974 in front of the house of the deceased Moti Ram. In the First Information Report lodged by Savalaram, P.W. 9 the father of the deceased, it was Bhanudas Gajanan Patil co-accused who was ascribed the sole fatal injury on the deceased. The First Information Report was otherwise silent about the remaining five injuries on the deceased as well as those caused to the P.Ws. Similarly the FIR was also silent about the injuries found on the persons of four accused persons. The Court of Session on weighing the prosecution version and the cross ver