Dr. Shalini Phansalkar Joshi, J.

1. This Appeal is preferred by the State challenging acquittal of the Respondent for the offence punishable under Section 302 of the IPC, as recorded by the Additional Sessions Judge, Sawantwadi, vide his Judgment and Order dated 18th May, 1994 in Sessions Case No. 32 of 1993.

2. Brief facts of the Appeal are stated as follows :-

PW-5 Balkrishna is the father of deceased Dilip. As Dilip has misbehaved with Sarita, the daughter of one Eknath Mestri, the Respondent, who belongs to Mestri family, was annoyed with Dilip. Hence, as per prosecution case, on 9th March, 1993, at about 9:15 pm, while Dilip was attending to his pet dogs in the court-yard of his house, Respondent assaulted him with knife. In the said assault, he inflicted about four stab blows on the vital part of the body of Dilip. When Dilip shouted for help, his father PW-5 Balkrishna, who was sitting in the ota (varandah) of his house, and his grand-mother PW-6 Kashibai, who was in the kitchen of the house, rushed to his help and saw the Respondent inflicting stab blows on him. PW-5 Balkrishna pushed away Respondent and then Respondent ran away from the spot with weapon of assault. Th