JUDGMENT - SAHAI VISHNU, J.:---The appellant aggrieved by the Judgment and order dated 11-10-1984, passed by the III Additional Sessions Judge, Solapur, in Sessions Case No. 63 of 1984, acquitting the respondents for offences punishable under section 302, read with section 149, Indian Penal Code etc. has come up in appeal before us.

2. Briefly stated the prosecution case runs as under :-

Respondent-Nivrutti is the father of respondent-Vithal, Madhu and Govind. Respondent-Subhash is the servant of Respondent-Vithal. Respondent-Maruti is the nephew of respondent-Nivrutti.

The respondents on one hand and the deceased Jubedabi and others on the other used to live in immediate proximity in village Khandali, Taluka Malshiras, District Solapur. There was a long standing enmity between the complainant and his family members on the one hand and respondents on the other on account of a open place on the western side of the house of the complainant Gulshanbi, PW 1. To the western side of the open space was the cattle-shed of respondent-Vithal. On 26-8-1983, at about 8 a.m. respondent-Vithal was in the cattle shed milking cow and the other respondents were also there. The informant came at that time and started collecting cowdung from the contiguous place where her cattle were tethered. The respondents-Vithal, Madhu and Nivrutti asked the informant to remove the cattle from that place. When the informant refused, a quarrel ensued between them. The respondents abused the informant. It is said that the respondent-Nivrutti was armed with an iron peg; respondent-Vithal was armed with stick; and respondent-Madhu was armed with an iron bar. The said respondents assaulted the complainant with their weapons. The other respondents pelted stones on her. On the cries of the informant, the deceased Jubedabi, Paigambar, Hajarat Rukhsana, Shahbuddin, Jehangir and Amir who were in the house came. Jubedabi was first to reach. She asked the respondents to release Gulshanbi but, they paid no heed to her. Instead they started assaulting her. It is said that the respondents-Nivrutti, Madhu and Vithal gave blows on the head of Jubedabi with the weapons which they had. Other respondents are alleged to have thrown stones at her. While she was being assaulted, her children and Shahbuddin came there and intervened. It is said that the respondents assaulted Paigambar and Rukhsana when they tried to rescue Jubedabi. The respondents-Vithal, Madhu and Nivrutti also assaulted Jahangir and Amir.

It is said that one police head constable PW 7, Krishna Dhavale who was attached to Akluj police station happened to be passing by the road at the said time. He went to the scene of the offence and saw the informant and her relations in an injured condition. He made arrangements for a truck and on the same, removed Jubedabi and all the injured persons to Akluj Primary Health Centre and Rural Hospital. He sent a message to P.S.I. Pawar, of Akluj police station, about the injured persons being brought to the hospital. On receiving the telephonic message, P.S.I. Pawar of Akluj police station immediately came to the Primary Health Centre and Rural Hospital, Akluj.

3. The injuries of the victims were medically examined the same day from 9.15 a.m. onwards at Rural Hospital, Akluj by Dr. Nandkumar Deodikar, PW 2.

On the person of Jubedabi, the doctor found two contused lacerated wounds and a swelling. The said injuries were situated on the head. On medically examining Paigambar Mulani, the doctor found one contused lacerated wound, multiple contusions on the back and one abrasion.

On the person of Shahidabi Abbas, the doctor found a contused lacerated wound, two abrasions and tenderness over right shoulder.

On the person of Kutubuddin Ismail Mulani, the doctor found tenderness at three places and one contusion. On screening the chest, he found fracture of 6th and 7th rib.

On the person of Rukhsana, the doctor found two abrasions, one contusion and tenderness over left shoulder.

On the