JUDGMENT - A.S. AGUIAR, J.:---By this appeal under section 378(1) of the Criminal Procedure Code, 1973, the State of Maharashtra has impugned the judgment and order dated 4th February, 1986 passed by the Additional Sessions Judge, Pune in Sessions Case No. 16 of 1985 acquitting all the accused persons of the offences under sections 147, 148, 149, 302, 449, 427 read with sections 120-B and 34 of the Indian Penal Code.

2. The prosecution case, which is elaborately set out in the judgment at paragraph Nos. 2, 3, 4, 5 and 6, in short, is as under:

There were disputes between the residents of Pabalewadi on one hand and Kachare family on other hand over the use of well belonging to one Hinge, located in the Pabalewadi which is the only source of potable water for the residents of the wadi. These differences culminated in segregation of Keru Kachare and his family members by other residents of Pabalewadi who prevented Keru Kachare and his family members from taking water from the said well. This often led to clashes between the two groups resulting in several cross-criminal proceedings against each other including cases of assault and attempt to commit murder. Some of the accused person

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