T.V. NALAWADE, J.

The judgment and order of acquittal of respondents, accused given in Sessions Court No. 53/1995 which was pending in the Court of learned Additional Sessions Judge, Beed is challenged both in appeal and in revision. The accused were tried for offences punishable under sections 302, 307, 149, 148 etc. of Indian Penal Code (hereinafter referred to as 'IPC' for short) and also for offence of wrongful restraint etc. A brother of deceased has filed the revision. Both the sides are heard.

2. During the course of arguments, the death certificates in respect of accused No. 1 -Limbaji Kashinath Survase, accused No. 8 - Gorakh Raosaheb Wagh and accused No. 14 -Udhav Limbaji Survase came to be filed and this fact is not disputed. The appeal needs to be disposed of as abated as against these three accused persons. But, entire evidence needs to be considered as the charge was for offences punishable under sections 302, 307 r/w. 149 of IPC.

3. The facts leading to the institution of the two proceedings can be stated in brief as under :-

There were two political groups in village Kumbhari. The election to Village Panchayat held in the year 1994 was separately contested by