JUDGMENT :

Navin Sinha, J.

This appeal arises from an order of acquittal, reversing the conviction of respondents 1 to 4 under Sections 302, 34, 120B of the Indian Penal Code (IPC) sentencing them to life imprisonment and fifteen days imprisonment under Section 135(1) of the Bombay Police Act.

2. The deceased was assaulted on 01.10.2003 at 2:30 am while he was returning on a motorcycle along with PW-2 who was the pillion rider. The respondents are said to have assaulted with iron pipe, steel rod and stick, causing three stab wounds and nine incised wounds. The acquittal is premised on the reasoning that the evidence of the eyewitnesses PW-2 and PW-10, is inconsistent with the medical evidence, regarding the nature of injuries vis-à-vis the weapons of offence.

3. Shri Shikhil Suri, the learned amicus curie appearing on behalf of the appellant submitted that the First Information Report was lodged promptly at 5:15 am the same day by PW-2 naming the four respondents. The deceased, PW-2, and the four respondents were well known to each other from earlier. Relations between them had soured, leading to the occurrence. PW-12 had deposed that the respondents had threatened the deceased earlier