S.S. Shinde, J.

1. This Appeal is filed by the appellant-State, challenging the judgment and order passed by the Additional Sessions Judge, Ambajogai, on 21.06.2002 in Sessions Case No.4 of 1996, thereby acquitting the respondents-accused for the offences punishable under Sections 147, 148, 326 r.w. Section 149, 326 r.w. Section 34, 302 r.w. Section 149 and 302 r.w. Section 34 of the Indian Penal Code and Section 37 r.w. Section 135 of the Bombay Police Act.

2. The prosecution case in nutshell is as under: The informant, namely, Shrikant Haridas Mote, is resident of Chincholi Mali. In the year 1994, the informant was residing along with his parents, brother and sister in their field, known as ‘Motyache-Shet’, situated at Chincholi Mali. The land of Narayan Mote i.e. accused no.1 is adjacent to the land of the informant. By the side of the common bandh but within the limits of the land of the informant, there were Babul trees. Accused no.1 and his sons i.e. accused nos.2 and 3 tried to cut those trees. However, they were not allowed to cut those trees by the informant and his father Haridas. There were quarrels between the informant, and his father on one side, and accused nos.1 to 3 on the other side. Accused also threatened to kill the informant and his father.

3. On 07.11.1994 at about 8.30 a.m., the informant and his father Haridas [deceased], started carrying a plough from their cattle shed so as to return it to Rambhau Ghodke. On their way at about 9.00 to 9.30 a.m., when they were in the field of Vithal Ghodke, they saw that Narayan Mote [accused no.1], Suresh Mote [accused no.2], Ramesh Mote [accused no.3] and their relatives from Salegaon and Massa were present with the accused. In all 10 to 12 persons were there holding sticks, axes and knife in their hands. Accused no.1 abused the informant and his father and asked them, why they are not allowing him to cut Babul trees. Then accused no.1 asked other accused to beat Haridas and the informant. Then all those persons rushed towards the informant and his father, and beat them by means of sticks, axes and knife on head, leg, back and caused injuries. As a result of sustaining serious injuries, the father of the informant fell down in the field. One stone thrown by accused no.3, caused injury on the back side of the head of father of the informant. The informant ran away towards the cattle shed of Arun Kale [PW5]. On the way, one boy from Harijan community met the informant. The informant told the said boy that Narayan, Ramesh, Suresh and their relatives from Salegaon and Massa, beat him and his father by means of sticks, axes and knife.

4. The said boy went to the cattle shed of the informant and informed the said incident to the mother, brother and sister of the informant as told by the informant to him.

It is further the case of the prosecution that the accused persons went/proceeded to the cattle shed of the informant and assaulted the mother of informant, namely, Hirabai [PW-7], brother of informant, namely, Ravikant [PW-11] and sister of the informant, namely, Shivganga [PW-4]. As they shouted for help, the accused persons ran away.

5. The informant went to the cattle shed of Arun Kale [PW-5]. The informant was carried in the bullockcart to the Government Hospital, Chincholi Mali by Arun Kale [PW5]. The informant told to Arun Kale about the said incident. While returning Arun Kale asked the Jeep Driver Keshav [PW-8] to take his jeep to the field. Arun Kale [PW-5] went to the cattle shed of the informant in his bullock cart. He carried mother, sister and brother of the informant to the spot where the father of the informant was lying. The jeep was brought to the said place by Keshav [PW-8]. Then all the injured were kept in the said jeep, and were carried to the Government Hospital, Chincholi Mali. The informant was kept in the said jeep from the said Hospital, and then they were carried to the Police Station Kaij. The Police sent those injured for treatment to th