The main legal point established in the judgment is the assessment of the nature of the assault and the injuries sustained, leading to the determination of the appropriate charges and convictions under the Indian Penal Code.

Headnote:
Indian Penal Code - Culpable Homicide Not Amounting to Murder - Section 304 Part II, Section 324
Fact of the Case:

The case involved an appeal by the accused seeking to quash a judgment and order convicting them of offenses under sections 302, 326, and 307 of the Indian Penal Code. The incident arose from a dispute between the accused and the deceased's family, resulting in a physical altercation leading to injuries and death.
Finding of the Court:

The trial court partly accepted the prosecution's version and rejected the defense's claims. The court found discrepancies in the eyewitness accounts but concluded that the assault appeared to have been committed without premeditation in a sudden fight. The court also noted that the evidence did not support the intention to cause death, leading to a conviction for culpable homicide not amounting to murder under section 304 Part II for one accused and acquittal for the other.
Issues: Discrepancies in eyewitness accounts, assessment of the nature of the assault, and determination of the appropriate charges and convictions.
Ratio Decidendi: The court considered the discrepancies in the eyewitness accounts but did not discard the entire evidence. It also assessed the nature of the assault and the injuries sustained by the accused, leading to the conclusion that the assault was committed in the heat of passion upon a sudden quarrel, resulting in a conviction for culpable homicide not amounting to murder under section 304 Part II for one accused and acquittal for the other.
Final Decision: The court acquitted one accused and held the other guilty of committing an offense punishable under section 304 Part II and section 324 of the Indian Penal Code, sentencing him accordingly.

JUDGMENT - Mohite R.S., J.:-This is an appeal filed by the appellants (hereinafter referred to as accused Nos. 1 2) seeking to quash and set aside a judgment and order dated 21-12-1991 passed by the Sessions Judge, Pune in Sessions Case No. 255/1991, whereby the trial Court convicted accused No. 1 of an offence punishable under sections 302 and 326 of Indian Penal Code and convicted accused No. 2 for the offence punishable under section 302 r/w 34 of Indian Penal Code and section 326 r/w 34 of Indian Penal Code. By the impugned judgment and order, accused No. 1 was sentenced to suffer imprisonment for life and pay fine of Rs. 1000/-, in default to suffer rigorous imprisonment for a period of 2 years, for the conviction under section 302 of Indian Penal Code. For the offence punishable under section 326, he was sentenced to suffer rigorous imprisonment for 5 years and to pay a fine of Rs. 1000/-, in default to suffer rigorous imprisonment for one year. In so far as accused No. 2 was concerned, for the offence punishable under section 302 r/w 34 of Indian Penal Code, he was sentenced to suffer imprisonment for life and to pay a fine of Rs. 1000/-, in default, to suffer rigorous imprisonment for 2 years. Accused No. 2 was also sentenced to suffer rigorous imprisonment for a period of 5 years and to pay fine of Rs. 1000/-, in default, to suffer rigorous imprisonment for one year for the offence punishable under section 326 r/w 34 of Indian Penal Code. All the substantive sentence of accused Nos. 1 and 2 were directed to run concurrently and benefit of set off under section 428 of the Criminal Procedure Code was given to them.

2. The brief facts of the prosecution case were as under:-

(a) That accused Nos. 1, 2 3 were real brothers and were the cousin brothers of injured witness Bhaskar Navale (P.W. 8). The deceased Satish was the nephew of Bhaskar Navale (P.W. 8). All the three accused and Bhaskar Navale (P.W. 8) as well as other eye-witnesses were all residents of village Karegaon, Dist. Pune.

(b) One Gulabrao was the elder brother of Bhaskar Navale (P.W. 8) and he had been insulted by accused No. 2 Gopinath Navale during the talks preceding the settlement of marriage of Gopinath.

(c) On 29-12-1990 accused No. 1 Balu Navale was going along the road situated in front of the house of Bhaskar Navale (P.W. 8). He was passing by the house at about 8.00 p.m. in the evening. At that time, Bhaskar Navale (P.W. 8) asked accused No. 1 as to why his elder brother Gulabrao had been insulted by accused No. 2 during the talks preceding the settlement of his marriage. On being so asked, accused No. 1 got angry and threated Bhaskar Navale (P.W. 8) that he would see him thereafter, he left the place.

(d) On the evening of 29-12-1990 the deceased Satish had come to the residence of Bhaskar Navale and stayed there overnight.

(e) On 30-12-1990 at about 7.00 a.m. Bhaskar Navale (P.W. 8) and Satish awoke and at 9.30 a.m. they were standing on the front side of the residence of Bhaskar Navale (P.W. 8). At that time, accused Nos. 1, 2 and 3 came there from the side of their residence. Accused No. 1 was armed with a knife, while accused Nos. 2 3 were armed with stones. There was exchange of words between Bhaskar Navale (P.W. 8) and the deceased Satish on one hand and accused Nos. 1, 2 3 on the other hand. Accused No. 2 Gopinath hurled a stone towards deceased Satish, while accused No. 3 hurled a stone towards injured Bhaskar Navale (P.W. 8). Accused No. 1 Balu then assaulted Bhaskar by means of a knife on his back. As a result of this assault, Bhaskar fell on the road with a bleeding injury on his back. Bhausaheb Navale (P.W. 9) who had come there on hearing the cries alongwith one Laxman Deshmukh carried the injured Bhaskar to the side of the road. At that time, accused No. 2 Gopinath hurled a stone towards Satish, while accused No. 1 Balu assaulted Satish by means of knife in his back. On hearing the commotion, other persons from the vicin

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