JUDGMENT - MOHITE R.S., J.:---This is an appeal filed by the State of Maharashtra against the acquittal of original accused who have been acquitted by a judgment and order dated 9th October, 1991 passed by the IInd Addl. Sessions Judge, Raigad at Alibag, in Sessions Case No. 26/89.

2. The case of the prosecution was as under :--

(a) that accused No. 1 Janardan Kamble and the deceased Vasant Pawar were working in MASCO Company at Khopoli and were attached to Shivsena Pranit Kamgar Sena Union. Since there was a dispute between the Union and the company, both Janardan Kambale accused No. 1 and deceased Vasant Pawar were removed from their job. Thereafter the deceased was taken back on the job in the company and therefore, accused No. 1 joined another Union i.e. Congress Pranit Kamgar Utkarsha Sabha Union. This caused enmity between accused No. 1 and the deceased Vasant Pawar. According to the prosecution, there was also a quarrel between the accused persons and deceased Vasant Pawar over the land of one Rambhaji Kaly Badekar.

(b) On 19-8-1988 at about 6.15 a.m. the deceased Vasant Pawar alongwith his brother Ramesh Pawar (P.W. 2), Laxman Pawar, Rambhaji Pawar and Eknath Rama Badekar wer

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