JUDGMENT

ASHOK BHUSHAN,J.

These appeals have been filed against the judgment of the High Court dated 05.05.2014 dismissing the Criminal Appeals filed by the appellant and allowing the Criminal Appeals of the complainant as well as that of the State of Maharashtra.

2. As per the prosecution story on 21.10.2010 at about 8 AM in the morning, the complainant was standing at Bazar Pati Chowk and his brother Sardarkha was standing at some distance. At that time, it was alleged that all the accused came there and asked the complainant to allow them to take water from the common well for one day due to load shedding. Complainant refused to give excess water and asked the accused to take water by rotation. At that time, they abused complainant and accused No.1, i.e. Nasibkha assaulted him. His brother Sardarkha who was standing at some distance, intervened. Thereafter, the accused Nos.1 and 2, i.e., Nasibkha and Asifkha went to their house on motorcycle and immediately returned. The accused No.1 challenged Sardarkha to stop him from drawing water. Sardarkha tried to convince him. Accused No.1 assaulted Sardarkha by knife on his right rib and accused No.2 caught hold the neck of Sardarkha. The