A.M. Badar, J.

1. This appeal is directed against the judgment and order dated 9th May, 1995, passed by the learned 3rd Additional Sessions Judge, Jalgaon, in Sessions Case No. 338 of 1994, thereby acquitting the respondent/accused of the offences punishable under Sections 302 and 307 of the Indian Penal Code, 1860 (“the IPC” for the sake of brevity).

2. Facts projected from police report leading to the prosecution of the respondent/accused can be summarized thus:-

[a] Respondent/accused Nina Tadas, is cousin uncle of Gajanan Pandurang Tadas (since deceased). According to prosecution case, there was a dispute between the family of Gajanan Tadas and respondent/accused Nina, over open land situated nearby their house leading to the filing of civil suit by Pandurang Shankar Tadas (PW-2) – father of deceased Gajanan.

[b] The incident in question allegedly happened on 5.9.1994 at village Harankhkeda, Taluka Bhusawal, District Jalgaon, where the parties were residing. It was day of 'POLA' festival which was being celebrated in the vicinity of the office of Gram Panchayat of village Harankheda. Celebration of 'POLA' festival was over by about 5.30 p.m. of that day. Most of the persons then returned to their houses with bullocks. Respected elderly persons including Govind Khadse (PW-8) Police Patil Madhavsingh Patil (PW-6) and Police constable Vijay More (PW-7) who was deputed for Bandobast had been to the office of Gram Panchayat situated at the first floor of the building for having tea. Gajanan Tadas was chit-chating with PW4 Bhagwan Hari Gawali, PW-5 – Vijay Dinkar Tadas, Janardhan and others. At that time, respondent/accused came on the spot armed with knife used for taking out Pepen Juice from Papaya tree. He threated Vijay Khadse (PW-5), Bhagwan (PW-4) and others and directed them to go away from that place. Respondent/accused then assaulted Gajanan Tadas by means of knife. Vijay Khadse (PW-5) and others tried to control him and to save Gajajan. Annoyed respondent/accused then gave blow of knife to PW 5 vijay Khadse which landed on ring finger of his left palm causing bleeding injury. Then, respondent/accused Nina Tadas gave fatal blow of knife on left side of chest of Gajanan Tadas. On sustaining blow, Gajanan fell down and died on the spot.

3. According to the prosecution case, part of this incident was also witnessed by PW-6 Madhavsing Vijaysing Patil, Police Patil, PW-7 Ravindra Ramdas More, Police Constable, (PW-8) Govind Khadse who, at the relevant time were sitting in the Gram Panchayat office for having tea. They rushed to the spot of the incident, saw Gajanan Tadas lying on the ground with bleeding injury and respondent/accused Neena Tadas running away from the spot holding knife in his hand. PW-6 Madhavsingh Patil and PW-7 Ravindra More, police Constable, then chased respondent/accused Neena Tadas and apprehended him at his house. He was then brought back to the office of the Gram Panchayat. PW-6 Madhavsingh Patil informed Bodwad Police Station about the incident telephonically.

4. In the meanwhile, PW-5 Vijay Tadas informed the incident to parents of Gajanan namely PW 2 Pandurang Shankar Tadas and his wife. They reached on the spot of the incident.

5. Upon being informed about he incident, PW-10 Somnath Tambe, PSI, Bodwad police station rushed to the spot of the incident. PW-2 Pandurang Tadas then lodged report (Exhibit 20) about the incident on 5.9.1994 itself. On the basis of this report, Crime No. 33 of 1994 for the offence punishable under Sections 302 and 307 of IPC came to be registered against respondent/accused Neena Tadas. Formal arrest panchanama of the accused was drawn. Investigating Officer then recorded statement of Vijay Tadas, Bhagwan Gawali and Janardhan on the very same day. Injured PW-5 Vijay Khadse was sent for medical treatment to Bodwad. Dead body of Gajanan was also sent to Primary Health Center at Bodwad. Blood stained shirt worn by respondent/accused Neena Tadas came to be seized. After reco