V.M. DESHPANDE, J.

1. The State is before this Court since dissatisfied with the judgment and order of acquittal passed by the learned Judicial Magistrate, First Class, Ramtek, on 26-6-2002 in Regular Criminal Case No. 93/1998, by which the learned Magistrate acquitted the respondents for the offence punishable under section 325 read with Section 34 of the Indian Penal Code.

2. Heard Miss Ritu Kalia, the learned Additional Public Prosecutor for the State. The Advocate for the respondents remained absent during the hearing.

3. The statement of Shridhar Menghre recorded at Primary Health Centre, Ramtek, on 3-4-1998 is treated as an First Information Report in the present case (Exh.13). It shows that his agricultural land is situate just adjacent to the agricultural land of Tukaram (original accused No. 3). Canal goes through these two lands. On 2-4-1998, he was grazing his she-buffalo on the boundary of his agricultural land. That time, Tukaram was irrigating his agricultural field with the help of water that was flowing from the canal. The statement further shows Shridhar asked Tukaram as to when the irrigation of his land will be completed. On that count, a verbal altercatio