MOHTA ANOOP V. ,J.

( 1 ) THIS is a State appeal against the order of acquittal dated 11th November, 1998, passed by IInd Additional Sessions judge, Thane, whereby all the respondents - original accused Nos. 1 to 13 have been acquitted of the offence punishable under sections 34, 120-B, 147, 148, 149, 307, 302 of the Indian Penal Code (for short "ipc") and also of the offence punishable under sections 27, 25{c) read with section 7 of the Arms Act.

( 2 ) ATMARAM Shripat Patil (the deceased) was running a business of excavation and sale of sand from Mumbra creek and had 27 labourers under him. Ramdas Shirole (PW1) was the Supervisor of this work. A plot No. 1 at retibunder, to construct a fishing pond, was allotted to him. Kathod Devu bhagat (PW10) was working as a Commission Agent of the deceased. Accused no. 12 also runs a similar business in another plot in the same vicinity. It is alleged that about two months prior to the incident, Kathod Devu Bhagat along with his associates assaulted accused/respondent No. 1 with a sword and he was arrested. For the release on bail, the deceased helped him financially also.

( 3 ) ON the evening of 5th March, 1991, the work of tilting of