JUDGMENT - VISHNU SAHAI, J.:---Since both these matters arise out of same set of facts and a common judgment, we are disposing them off by one Judgment.

2. Criminal Appeal No. 816 of 1984 has been preferred by the State of Maharashtra against the judgment and order dated 2-7-1984 passed by the Additional Sessions Judge, Kolhapur, acquitting the respondents for offences punishable under sections 302 r/w 34 I.P.C. etc.

Criminal Revision Application No. 380 of 1984 has been preferred by the original complainant against the said order of acquittal passed in favour of the respondents.

3. In short, the prosecution case runs as under:-

On 2-5-1982, there was marriage of the sons of Chandu Kondi and Dagadu Bhau in village Chavanwadi, a hamlet of village Borgaon, Tehsil Panhala District Kolhapur. A marriage pandal had been erected in front of the house of Chandu Kondi and Dagadu Bhau. Lezim was being played by some musicians as also by Pandurang Maruti and some others. Balu Maruti held a drum. The deceased Maruti Umaji Chavan, Shankar Chavan and Rama Tuka Chavan were watching the playing of lezim. It is alleged that at about 9 p.m. respondent Tanaji Chavan came abusing on the spot and asked the lezim troupe not to play the lezim because, it had not gone to play lezim the earlier day at the time of marriage of his cousin brother. Saying this, Tanaji struck the drum with a knife and stopped the play of lezim. When complainant Pandurang Maruti Chavan intervened, Tanaji assaulted him with a knife on his nose. Thereafter, the remaining respondents came from the house of respondent Pandurang Chavan armed with sticks. Tanaji took a stick from one of them and inflicted a blow on the head of complainant Pandurang Maruti Chavan with the same. When the deceased Maruti Umaji, Shankar Dagadu and Rama Tuka tried to intervene, the respondents inflicted stick blows on their person.

4. Mahadeo Dagadu Chavan P.W. 7 brought a truck and on the same took the victims Pandurang Maruti, Maruti Umaji, Shankar Dagadu and Rama Tuka to C.P.R. Hospital, Kolhapur, where the said victims were admitted.

Dr. Lahudas Vhatkar P.W.5 examined the said victims. On the person of Pandurang Maruti he found the following injuries:-

1. Contused lacerated wound 1 "x ¼" over left frontal region, scalp deep, bleeding plus.

2. Contused lacerated wound right ala of nose, 2 cms x ½ cms skin deep bleeding plus.

3. Contused lacerated wound below right ala of nose 2 cms x ½ cm skin deep bleeding plus.

4. Contused lacerated wound lower lip 1 cm x 1cm skin deep bleeding plus.

5. Contusion left forearm laterally tenderness plus.

The said injuries were simple in nature and were attributable to a hard and blunt object.

On the person of Rama Tuka, following injuries were found:-

1. Contusion left forearm lower end, tenderness plus. Clinically fracture of lower end of the radius and ulna,

2. Contusion right thigh, lower third laterally.

3. Abrasion right leg, laterally 2 cms in diameter.

4. Contusion left supra scapular region tenderness plus.

On the person of Shankar Dagadu, following injuries were found:-

1. Contusion with swelling, right shoulder clinically dislocation of the right shoulder.

2. Swelling with deformity, right forearm lower third, clinically fracture radius and ulna lower third.

3. Contused lacerated wound vertex 1" x ¼" scalp deep.

4. Contusion left thumb tenderness plus, movements painful.

5. Contusion dorsum of the right hand.

Injuries Nos. 1 and 3 were grievous and the remaining were simple.

On the person of Maruti Umaji, a solitary contused lacerated wound 2" x ¼" x scalp deep was found on left frontal region.

In the opinion of Dr. Vhatkar, the injuries of all the victims were attributable to a hard and blunt object.

5. At about 3 p.m on 3-5-1982, one ward boy Sarnaik of C.P.R. Hospital gave a telephonic message about the admission of the victims in C.P.R. Hospital. The said message was received by P.H.C. Shantaram More P.W. 11 of Laxmipuri Police Station who on receiving it, went to C

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