P.V. HARDAS, J.

1. This appeal has been filed by the appellant/State questioning the acquittal of original accused nos. 1, 2 and 3. As per the death certificate of original accused no. 1 - Kisan Nivrutti Choudhari since he is expired this appeal is dismissed as against respondent no. 1 original accused no. 1. Mr. Kate learned counsel for the respondents has tendered before us the death certificate of original accused no. 4 - Nivrutti Vishnu Choudhari. The said death certificate is taken on record and marked 'X' for the purpose of identification. As per the said death certificate the original accused no. 4 - Nivrutti Vishnu Choudhari expired on 23rd September, 2005. This appeal is therefore, dismissed as abated as against respondent no. 4/original accused no. 4.

2. We have heard learned APP with whose assistance, we have perused the depositions of the witnesses and have also examined the findings recorded by the trial Court. The trial Court has convicted original accused no.1 for the offence punishable under section 302 of the Indian penal code and has sentenced him to imprisonment for life and to pay a fine of Rs. 500/-. The appeal filed by the original accused no. 1 - Kisan Nivrutti Choudhari is dismissed by us as abated. The trial Court acquitted original accused no. 2 - Prabhakar Nivrutti Choudhari, accused no. 3 - Mohan Nivrutti Choudhari and accused no. 4 -Nivrutti Vishnu Choudhari. The State therefore, being aggrieved by the acquittal of these respondents, has filed the present appeal questioning the acquittal of original accused nos. 2 and 3 and acquittal of original accused no. 1 for the offence punishable under section 325 of the Indian Penal Code.

3. As per the trial Court, though the eye witnesses to the incident had categorically deposed that the deceased Dattatray was assaulted by all the accused, the trial Court gave benefit of doubt to the original accused nos. 2, 3 and 4 on the ground that the medical evidence contradicted the ocular version of the witnesses. The post-mortem evidence in respect of the injuries sustained by the deceased Dattatray indicated the following four incised wounds:

1. An incised wound over frontal region of head measuring about 4 x 1cm x Bone deep.

2. An incised wound of about 2 x ¼ x 1/4 on left side of occipital region.

3. An incised wound of about 1 x ¼ cm on right inguinal region.

4. An incised wound of about 3 x 1½ cms x bone deep. On upper third region of right leg. There was fracture of tibia bone.

4. The trial Court therefore, came to the conclusion that the original accused nos. 2, 3 and 4 were alleged to be armed with iron pipes and iron rods and if the said weapons had been used by original accused nos. 2 to 4, by inflicting the injuries, contusions and weal marks would be present on the dead body of the deceased Dattatray. The incised wounds sustained by the deceased Dattatray was a clear pointer to the fact that it was the original accused no. 1 - Kisan who had stabbed Dattatray with a sword. In the background therefore, the trial Court gave benefit of doubt and acquitted the respondents.

5. We have examined very carefully depositions of the witnesses as well as the findings recorded by the trial Court. We do not notice any perversity in the reasoning of the trial Court to warrant any interference in an appeal against acquittal. Consequently, this appeal against acquittal being devoid of any merits, is therefore, dismissed.

Criminal Appeal No. 380 of 1995 is dismissed confirming the acquittal of respondents.

Appeal Dismissed.