JUDGMENT - GAVAI B.R., J.: - The present appeal is directed against the judgment and order dated 11-3-1992 passed by the learned Additional sessions Judge, Wardha in sessions trial No. 116 of 1986 thereby acquitting the accused for the offences punishable under sections 147, 149, 302, 307 read with section 149 and under sections 302, 307 read with section 34 of the Indian Penal Code.

2. The prosecution story, in brief, is as under:-

That, the deceased Purushottam along with his father and other members of the family resided at Bazarwada, Tahsil Arvi, District Wardha. So also the accused are the residents of the same village. That there is a political rivalry between the complainants' party and the party of accused No. 1. Most of the accused are related to each other and that they belong to the party of respondent No. 1. It is alleged that on the date of the incident, i.e. 7th June, 1986 at about 7.30 a.m., since the servant of Uttamrao had not come for work, he sent his son Kishor (P.W. 1) to call the servant. Kishor took his bicycle and started from his house. It is alleged that Kishor might have gone ahead on bicycle up to 100 to 150 feet from his house, near the house of one Rajaram Bhoge, accused No. 9 Janrao Thombre hit bicycle of Kishor with a stone. It is alleged that there was altercation between Kishor and Janrao and Janrao caught hold of the bicycle of Kishor with one hand and started giving fist blows and kicks. It is alleged that after hearing shouts of Kishor, his brother Purushottam came there. It is alleged that the accused who were in a mob started beating Purushottam with stones, kicks and giving fist blows. It is further alleged that father of Kishor and Purushottam came there on the spot. So also wives of Uttamrao and Purushottam and another son of Uttamrao, Yogesh came there. It is alleged that when Uttamrao came on the spot, accused No. 16, Dadarao assaulted Uttamrao by giving a blow of axe on his head. Due to this, Uttamrao sustained bleeding injury to his head. After seeing the blood oozing from the head of Uttamrao, all the accused ran away. Thereafter, Kishor and Yogesh lifted Purushottam and kept him in a bullock cart and brought him to the Cottage Hospital, Arvi. He was treated in the hospital, but, he succumbed to the injuries. In the meantime, Uttamrao had gone to the Police Station for lodging the complaint. The report is at Exh. 132. At the Cottage Hospital, Arvi, the Executive Magistrate also recorded the statement of Uttamrao and thereafter he was referred to the General Hospital, Wardha.

3. On the basis of the report of Uttamrao, Crime No. 118/1986 was registered under sections 307, 147, 148, 149 and 336 of the Indian Penal Code. After the death of Purushottam, an offence under section 302 was also added.

4. After completion of investigation, charge-sheet came to be filed in the Court of Judicial Magistrate, First Class, Arvi. Since the offence was exclusively triable by the Sessions Court, the matter came to be committed to the Court of Session, Wardha. A charge was framed against all the accused. Accused pleaded not guilty and claimed to be tried.

5. The defence of the accused is that in the Gram Panchayat elections which were held recently, deceased Purushottam was defeated by accused No. 1 Pralhad. It is the defence of the accused that due to defeat, the party of Purushottam was against the party of Pralhad and hence the accused No. 1 has lodged the report with the Police Station, Arvi on 30th/31st May, 1986. It is the defence of the accused that Yogesh, Uttamrao and Ramdas came there and started beating Janrao with sticks. Due to this beating, Janrao was crying and on hearing his cries, accused No. 1 Pralhad, accused No. 2 Manohar, accused No. 16 Dadarao and accused No. 19 Bhagubai came there and tried to settle the matter. According to the accused, in the quarrel, accused Pralhad, Janrao, Manohar and Dadarao also received injuries i.e. fracture on his leg. In a nutshell, the defence of the

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