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, Duryodhon, Kishor, Janardhan,’ Baliram Chavan, Pralhad Pawar, Vitthal Mankute, Sitaram and Vasanta came there. They were armed with sticks and stones. Seeing them, Shriram asked accused Khandusing as to what had happened. Khandusing took a stick from the hand of one of the accused and assaulted Shriram on the head i.e. vital part of his body, on account of which Shriram sustained bleeding injury. Thereafter, respondent No,2-Baliram assaulted Shriram by his stick on his head due to which Shriram fell down and blood started oozing profusely. All other accused persons also assaulted Shriram with sticks and stones. Thereafter, eye-witnesses Ulhas, Durgadas and Prakash along with others made an attempt to intervene and rescue Shriram. In the process, these witnesses also received injuries. The assembly pelted stones at the house of Durgadas. After accomplishing their job in this manner, all the accused persons fled from the spot. The prosecution further alleged that Shriram (father of the appellant herein) was referred to the hospital at Manora. From there he was referred to District Civil Hospital, Akola. After receiving serious and grievous injuries, Shriram had gone into coma and did not recover therefrom. He succumbed to the injuries on 08.03.1993 at 07:15 a.m.

The police prepared the Inquest report of the dead body of Shriram on 08.03.1993 at 09:05 a.m. in the presence of the witnesses and found various injuries on the body of the deceased Shriram which were recorded in the Inquest report. Relevant portion thereof is reproduced below:

“The body of the deceased was lying supine with its head towards sought and feet towards north. Left hand of the deceased was resting on the stomach and right hand was straight. Fingers of both hands of the deceased were turned inwards partly. There were small black hair on the head of the deceased, the nose and ear of the deceased were straight and both the legs were also straight. The eyes and mouth of the deceased were close. On the person of the deceased were old payjama of terrycot cloth having nadi [waist tying string] and buttons, on the front side which bears blood stains from place to place, old Sando banian of cotton cloth stitched from the tailor having two pockets, which bears blood stains from place to place, old blue coloured under pant of cotton cloth having nadi [waist tying string]”.

“While cotton bandage of the Government Hospital was seen tied around the head of the deceased, which bears blood stains. In the presence of the Pachas, when the said bandage was untied, an injury came to the notice on the left side of the head through which blood had came out. The said injury was of the size 2½” in width (approx.). On the front side of the head of the deceased was an injury through which blood had came out. I