Judgment - R. C. CHAVAN, J.

( 1 ) TAKING exception to acquittal of the respondents for offences of murder, inflicting grievous and simple hurts and provocation to commit breach of public peace punishable under sections 302, 326, 323 and 504 read with section 34 of the Penal Code, the State has appealed.

( 2 ) THE facts which led to the prosecution of respondents are as under :-

( 3 ) RAMCHANDRA Sawant and his sons jointly cultivate land at a place known as Darewadi within the precincts of village Kotoli, Taluka Panhala, District: kolhapur. The land bearing Gat No. 1047 has some other sharers in addition to Ramchandra's family. Adjacent land Gat No. 684 also has five sharers. Share of one Pandit Ganpati Mane was purchased by Pandurang son of ramchandra alongwith Dattu Varape father of accused No. 2 - Krishna about three years prior to the incident.

( 4 ) ON 27-8-1991 Ramchandra's son Shamrao had been to the share of land purchased from Mane. Accused Krishna, and Shahaji abused Shamrao, alleging that he was cutting grass from their share. Shamrao informed com- plainant Pandurang of the incident. On 28-8-1991, Shamrao accompanied by his father Ramchandra went to the said field purchase

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