JUDGMENT

U.U. Lalit, J.

1. This appeal by special leave challenges the judgment and order dated 22.06.2006 passed by the High Court of Bombay in Criminal Appeal No. 885 of 2001 acquitting the Respondents namely original Accused Nos. 1, 2, 3, 7, 10, 12, 29 and 30 of the charges Under Sections 302, 307, 326, 324, 427, 436, 435, 452, 147 and 148 read with Section 149 of the Indian Penal Code.

2. According to the prosecution, deceased Tanaji Pandurang Rathod, his brothers and father were trustees of Durgamata Temple in Village Sevalal Nagar, Taluka North Solapur, Solapur. They were also members of Sahakari Krushi Society, which society had received about 44 acres of agricultural land from the Government. There was a dispute in the village over this agricultural land. On 30th April, 2000 Tanaji, his brothers and father had opened Durgamata Temple at 4.30 a.m. and performed pooja. After completion of pooja while Drums, Shankh and Bells were being played and blown, at about 5.50 am, a group of persons came there holding sticks, axes, swords and stones. The mob started assaulting Tanaji, who received injury by a sword. His brothers and family members who tried to intervene were also assaulted