JUDGMENT

A.K. Sikri, J. — The prosecution version, on the basis of which respondent No. 2, along with various other persons, was chargesheeted for the offences punishable under Sections 147, 148, 149, 302, 324 and 337 of the Indian Penal Code (for short ‘IPC’) goes somewhat like this:

Respondent No. 2 Baliram Junghare (A-5) and all other accused persons were the residents of Village Hatna, Tehsil Manora, District Washim (Maharashtra). In their village, Panchayat elections were held sometime in the month of November, 1992. Two political factions, one led by Kahndusing (A-1) and other by Shriram (deceased) were in the fray who had fielded their respective candidates. Party led by Khandusing emerged victorious and was elected whereas candidates set up by Shriram were vanquished in the said elections. Roughly 3-4 months thereafter i.e. 07.03.1993 is the date when the incident in question occurred. It so happened that on that day at about 7:30 p.m. at Village Hatna, Khandusing was sitting under a Neem tree on Ota. The deceased Shriram and few other persons were sitting in front of the house of one Nagorao Pawar. At that time, respondent No.2 Baliram along with Shankar, Bhurasing, Duryod