B.P. Dharmadhikari, J.

1. Son Mohan @ Bapu and his father Khushal challenge their conviction by the Additional Sessions Judge, Chandrapur in Sessions Case No. 85 of 2013. They are found guilty under Section 302 read with Section 34 of Indian Penal Code of committing murder of Ankush s/o Ramdas Suryawanshi. They are also held guilty u/s 307 r/w S. 34 IPC of attempting murder of Heena w/o Ankush Suryawanshi. Appellant No. 1 – i.e. Accused No. 1 Mohan is also convicted under S. 324 of IPC for voluntarily causing hurt to Sidharth Hiraman Suryawanshi. Khushal is acquitted of this charge u/s 324 of IPC. Both the accused/appellants are also exonerated of the charge of causing voluntarily hurt to Anirudha Ramdas Suryawanshi by dangerous weapon or means. Mohan allegedly assaulted on head of Anirudha with stick and due to said injury, prosecution claims that Anirudha was lying near gate of Suresh Shende. But then Mohan is acquitted of this charge and no injury to Anirudha is proved or stick is also not recovered.

2. We have heard Shri Hazare, learned counsel for the accused and Shri V.A. Thakare, learned APP for the State. In view of large number of witnesses as also victims/injured witnesses, the entire evidence has been read out. They have also prepared tables and charts to substantiate their stand about consistency or inconsistency interse. With it, they have also attempted to point out the story about weapons i.e. axe or sattoor. After hearing the respective counsel, we find that reference to the oral evidence is required to be made more than once. We, therefore, find it not necessary to reiterate the rival contentions and proceed with the merits thereof.

3. Story of prosecution as per report lodged by PW1 Sidharth on 8.3.2013, discloses three spots at which these offences constituting a chain of events were committed. As per prosecution, at about 9.00 PM on said date, PW1' s neighbour accused No. 1 Mohan had quarrel with Smt. Sunita and her husband Wasudeo Meshram. Sidhartha attempted to stop it and Mohan assaulted him with sharp edged iron weapon on palm and fingers. This is first spot. His mother, father, cousin Ankush and Heena w/o Ankush attempted to intervene. Both the accused then pushed them into courtyard of one Suresh Shende. This is second spot. There Mohan pushed Ankush to ground and assaulted him by iron weapon and stick. Mohan also assaulted on head of Anirudha by stick. Anirudha sustained injury and was lying near gate of Suresh Shende. Accused then assaulted Heena widow of deceased Ankush on head with stick and iron weapon. Heena and Ankush started to run towards their house but in a lane near house of Wasudeo Masram, both accused caught hold of Ankush. This lane is third and final spot of offence wherein accused assaulted Ankush with iron sattoor, stone and killed him. Thereafter, both accused fled away. PW1 – Sidharth, PW3 Vanita also point out one more spot but we will refer to it at more appropriate place.

4. Another witness which throws light on the spot is PW3 Vanita. First of the events begins at her house. Accused Mohan @ Bapu is her nephew. Old land dispute is pending between the parties. First spot is her home and she was present there with her husband Wasudeo. Accused Khushal started abusing Wasudeo. She intervened, pointed out her sisterly relationship with Khushal and pleaded not to insult her. Mohan then uttered that the land belonged to his grandfather and pressed her neck. Her husband Wasudeo came to save her and she also shouted to help her. PW1 Sidharth Suryawanshi and PW4 Anusuya Suryawanshi came to her house and people gathered. Anusuya asked her to hide and she concealed herself in compound of one Shivani. She was waiting for quarrel to end when she heard shouts about death of Ankush. She saw her husband on road and both of them came to police station. After she concealed herself, Ankush came to her house. This witness was declared hostile and cross-examined by APP. Second spot of offence c