Vishnu Sahai, J. - Since both these matters arise out of a common incident and the same impugned judgment they are being disposed of together.

2. A perverse judgment of acquittal dated 3rd December. 1982 passed by the Assistant Sessions Judge. Solapur in Sessions Case No.109 of 1982 acquitting the respondents for offences punishable under Sections 307, 326, 324 and 427 all read with Section 34. I.P.C. has prompted the State of Maharashtra to prefer this appeal under Section 378(1) Cr. P.C. in this Court. The same consideration has prompted the original complainant Dinkar Krishnaji Patil to prefer Criminal Revision Application No. 63 of 1983.

3. Briefly stated the prosecution case runs as follows:

The informant Dinkar Krishnaji Patil PW 3 was residing at the time of the incident along with his wife Shashikala PW 6 and children in house No. 741 in South Kasba area of Solapur. There was enmity between him on the one hand and respondents Harishchandra Tukaram Awatade and Prabhakar, Tukaram Awatade both real brothers on the other. The other two respondents viz. Shivaji @ Kaka Namdeo Awatade and Ashok Namdeo Awatade both real brothers were nephews of Harishchandra Tuk-aram Awatade and Prabhakar Tukaram Awatade inasmuch as their father Namdeo was the cousin of Harishchandra Tukaram Awatade.

According to the complainant the land of Harishchandra Tukaram Awatade and Prabhakar Tukaram Awatade was adjoining his land. The former had encroached upon his land resulting in his filing a suit against them in the Civil Court, in Mohol. That suit was decreed in favour of the complainant and it created a rift between the complainant and the respondents.

On 7-10-1981 at about 7.30 p.m. the complainant returned home on a motor cycle from the house of his friend Rajaram Benjarpe. He had parked the motor cycle in front of his house. He told his wife Shashikala that he wanted to go out for taking meals. Thereafter he came out from the house. At that time his 9 years old son Harshad was also inside the house. Harshad followed him when he came out of the house. While he was about to start his motor cycle two persons assaulted him on his head with iron bars from back. He turned around and saw the respondents armed with iron bars behind him. All of them then began assaulting him with iron bars as a consequence whereof he lost control of his motor cycle and fell down on the ground. Even thereafter the respondents went on assaulting him. He tried to get up but could not since the respondents were dragging and beating him. According to the prosecution the attack on the informant was seen by his son Harshad, his wife Shashikala and Nagnath Sopan Babar. Finally the complainant succeeded in his endeavour of getting up. He entered inside the house of Nagnath which was at a distance of about 10 to 15ft. from the place of the incident. There Nagnath tied a towel around his head. Thereafter he along with his wife Shashikala and Shirish Pandurang went in a rickshaw to the house of Kishore Kale PW 8 in Sidheshwar Peth and informed him about the manner of assault and the names of the assailants. From there he went to the Civil Hospital.

4. The injuries of the victim/complainant were examined the same day. within half an hour i.e. at 8 p.m. in Civil Hospital. Sola pur by Dr. Dhanpal Parisa Ainapure, PW 5 The doctor found the following injuries on his person: 5 contused lacerated wounds 2 bruises and 7 abrasions. Two of the contused lacerated wounds were situated on the head and one on the face. In the opinion of Doctor Ainapure the said injures were attributable to blows of iron bars and were caused within three hours.

It appears that X-ray examination was also conducted in respect of some of the injuries sustained by the victim and the following fractures were detected:

(a) Dislocation of inter phalan geal joint of right thumb;

(b) Fractures of the 8th. 9th. 10th and 11th ribs on the right side; and

(c) Fracture of fibula upper 1/3 on left side