D.G.DESHPANDE,J

1. Heard learned APP for the Appellant/State and learned advocate for the Respondents/Accused.

2. This is an appeal filed by the State against the acquittal of the accused, who are 16 in number, from different offences of the Indian Penal Code viz. 147, 148 and 149, 302 r/w 34, 307 r/w 149 and 34, 436 r/w 149 and 34, 447 r/w 149 by the IIIrd Additional Sessions Judge, Solapur, vide judgment dated 10th May 1990. This is a case where one Bibhishan Vithoba Khade died and Indubai, Dagadu Gopinath Koyale, (PW 11) were injured in the attack launched by all the accused who were armed with deadly weapons, according to the prosecution. One Chaturbhuj Khade (PW 18) was also injured by the accused. The incident had occurred when the persons from complainant side had gathered at the house of Dagadu Koyale for taking snacks in the morning because of Diwali. It was Dagadu who invited all the persons along with Murlidhar Kshirsagar and his son Bibhishan Kshirsagar at about 12-00 noon. All of them are sitting under a neem tree. At that time Indubai, the daughter of sister of Dagadu and Kernath came running towards the vasti and told Dagadu that some persons were proceedi