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 purchased from Pandit Mane. At 7. 45 a. m. complainant himself also went to the field. Four accused persons came there armed with sickles and obstructed Shamrao and father ramchandra. They started abusing Shamrao and Ramchandra alleging that shamrao was cutting grass from their share. Accused No. 4 - Shahaji gave a blow of sickle on the chest of Shamrao. Shamrao fell on ground. Ramchandra was behind Shamrao. Accused No. 1- Shripati, accused No. 2 - Krishna and accused No. 3 - Bajirao rushed towards Ramchandra and gave him blows by sickle. Pandurang himself rushed to the rescue of his father but accused Krishna and Bajirao stopped him and tried to give a blow by sickle. Accused Bajirao started beating Pandurang from behind with cycle-chain. Pandurang's cries for help attracted farmers from adjacent land whereupon the accused persons fled.

( 5 ) PANDURANG took both his brother Shamrao and father Ramchandra to hospital at Kolhapur. Shamrao was pronounced dead. A report was lodged with the police by Pandurang, whereupon an offence was registered. Police performed inquest on the body of Shamrao and sent it for post-mortem. They also got Ramchandra and Pandurang medically examined for their injuries. Police drew a spot panchnama, seized articles lying on the spot and arrested the accused persons. Clothes on the person of accused were seized and two sickles which had been concealed by accused Shripati in groundnut crop were seized at Shripati's instance. Blood samples were taken. Property seized and the samples were sent to Forensic Science Laboratory. Upon receipt of report from the Forensic Science Laboratory charge-sheet was sent to the learned J. M. F. C. , who committed the case to Court of Sessions at Kolhapur.

( 6 ) THE learned Additional Sessions Judge to whom the case was assigned charged the accused of offences punishable under sections 302, 326, 323 and 504 read with section 34 of the Penal Code. The accused pleaded not guilty to the said charges and claimed to be tried. The prosecution examined as many as 13 witnesses in its attempt to bring home the guilt of the accused. The learned Additional Sessions Judge examined the accused under section 313 cri. P. C. The defence of the accused was that the complainant and his family members themselves unauthorizedly cut the grass from the land of accused and came to the land armed with sickles, cycle-chain, sticks etc. The complainant's family members themselves led the assault in respect of which a report had been made by accused Shripati to Police Station Panhala whereupon crime No. 91/99 had been registered. They denied that they assaulted complainant or his brother or father. After hearing the arguments advanced the learned additional Sessions Judge came to conclude that the prosecution had failed to bring h

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