S.S. Shinde, J.

1. Both, Criminal Appeal No.34 of 2003 and Criminal Revision Application No.366 of 2002 are directed against the Judgment and order dated 26th September, 2002, passed by the III Adhoc Additional Sessions Judge, Aurangabad in Sessions Case No.215 of 2001, thereby acquitting all the accused from the offences punishable under Sections 147, 148, 302, 307 read with 149 of the Indian Penal Code (for short "I.P. Code"). Criminal Appeal is filed by the State and Criminal Revision Application is filed by the original complainant challenging the acquittal of the accused, hence the same are heard together and being disposed of by this common Judgment and order.

2. The prosecution case, in brief, is as under:

A. On 28th April, 2001, at about 21.00 hours, complainant Nivrutti was standing along with his cousin Eknath Sale, when another cousin Kalyan Sale also came there, and he was passing towards the shop of one Anil Choradiya, when the members of "Rashtravadi Congress", namely, Kailas Jagannath Pradhan, Sominath Pradhan, Namdeo Pradhan, Dattu Pradhan, Arun Jadhav, Sunil Jadhav, Sanjay Chanden, assembled there and started abusing Kalyan. An accused Kailas Pradhan with his knife gave one after another blows to Kalyan, rest of the accused made him to fell down and then gave blows with sticks, fists and kicks. Kalyan started shouting loudly, the complainant and Eknath went at spot immediately, when Dattu Pradhan held Eknath Sale and gave knife blows in the stomach of Eknath, as well gave kicks and fist blows to the complainant Nivrutti. They shouted for help, when Parmeshwar Sale, Sanjay Vahul, Tripathi and other villagers came running, and seeing them assailants sat on motorcycle and ran away. In the street light and the lights available nearby outside the houses, the incident was witnessed by the complainant. Initially Kalyan and Eknath were taken to Neha Hospital, Pandharpur, and thereafter they were taken to Ghati Hospital, but while under medical treatment, Kalyan died and Eknath was given medical treatment. It is further the case of the prosecution that Kalyan (deceased) in last three successive Grampanchayat Elections was declared elected as a member. He was active member of the "Shiv Sena" party, whereas the accused belong to "Rashtravadi Congress". Out of political rivalry as well as due to earlier quarrels, the accused murdered Kalyan and attempted to murder Eknath. On the basis of said complaint, crime was registered being Crime No.66 of 2001, under Section 302, 307, 143, 147, 148, 149, 504, 323 of I.P. Code and 135 of the Bombay Police Act.

B. One P.I. Abdulla Quadri, investigated the crime, through PSI Kute. The inquest panchnama of the dead body of Kalyan was drawn in the Ghati Hospital. On 29th April, 2001, investigating officer drew spot panchnama from where he had collected blood stained soil from the spot, and a pair of "Chappal". Some of the accused were arrested on 2nd May, 2001 from near Daulatabad Fort, and accused Namdeo was arrested in the evening on the same day. On 3rd May, 2001, at the instance of accused Kailas, a knife was recovered. On 5th May, 2001, at the instance of accused Datta, one more knife was recovered. On 6th and 7th May, 2001, the investigating officer had attached the clothes of accused Kailas and Dattu respectively, At the instance of accused Sanjay a stick was attached, so also one another stick at the instance of accused Sominath was attached. Accused Sunil was arrested on 9th May, 2001. On 10th May, 2001, the investigating officer had collected blood sample of injured Eknath, and on very day he sent the Muddemal to Chemical Analyser. On 13th May, 2001, accused Prabhu Sale was arrested. At the instance of accused Sunil, cyclechain was attached. Formal arrest of Accused-Jagannath was shown on 27th May, 2001.

C. After completing the investigation, on 26th July, 2001, chargesheet was submitted. By order dated 6th September, 2001 learned Judicial Magistrate First Class, Aurangaba