1. The State has preferred this Appeal against the order of acquittal dated 30th April, 1996 recorded by the IInd Additional Sessions Judge, Sangli in Sessions Case No. 211 of 1995 whereby he acquitted all the three accused of the offences punishable under Sections 147, 148, 307 and 326 read with Section 149 of the Indian Penal Code and of the offence punishable under Section 30 of the Indian Arms Act.

2. The gravamen of the charge is that, accused nos. 1 to 3 alongwith two unknown persons on 8th July, 1995 at about 8.30 p.m. at Village-Yede-Nipani in the area of 'Gurav Galli' formed an unlawful assembly, the object of which was to commit murder of Shivaji Ganpatrao Jadhav. In pursuance of the said common object, all the accused were armed with swords, sticks and stones and to be used as weapons to commit the offence which was likely to cause death. It was alleged that, during the said period, an attempt was made by all the accused to commit murder of Shivaji by means of swords, stones and sticks. It is alleged that, they caused grievous hurt as was likely to cause death of Shivaji and that they were found to be possessing the weapons contrary to the provisions of the Arms Act.

3. Shivaji Ganpatrao Jadhav (P.W.7), victim is also from Village-Yede-Nipani, Taluka-Walwa, District-Sangli. Accused nos. 1 and 2 are father and son who were residing near the house of the victim, Shivaji. Accused No. 3 is also their relative. It is the prosecution's case that, victim Shivaji was residing with his mother Akkatai, his wife and children at Village-Yede-Nipani.

4. On 8th July, 1995 when Shivaji was returning to home at about 6.30 p.m., he saw accused No. 1 on the road near wine shop. Accused No. 1, Bajirao on seeing Shivaji gave calls in his name and started giving abuses. This was witnessed by the mother of Shivaji who then came and took Shivaji to the house and made him understand not to raise any quarrel. It is the prosecution's case that, thereafter at about 8.00 p.m., he left to his field on his motorcycle. On the way, when he went to purchase a cigarette, he saw accused No. 1, Bajirao and his son, Prashant standing near the wine ship armed with swords. Shivaji had also seen Madhukar armed with a stick and standing alongwith accused nos. 1 and 2. It is the prosecution's case that, accused No. 1 inflicted blows on his head by sword. Shivaji fell down and thereupon accused No. 2 gave a blow on his stomach and accused No. 3 gave blows with his stick. He cried for help and upon hearing his shouts, his wife and mother came to rescue him. Incidentally, Police Patil, Vishnu Sutar was also called. Shivaji was carried to the General Hospital in the jeep. He was accompanied by his wife with other person to the hospital at Sangli. Dr. Sanjay, P.W.8 got Shivaji admitted to the hospital at about 10.45 p.m. Dr. Sanjay found Shivaji was well oriented and also gave history of assault. He disclosed the names of accused nos. 1 and 2, but, could not disclose the names of two other unknown persons. Shivaji had sustained about 25 injuries, majority of which were with sharp cutting instruments like sword. Shivaji was discharged on 23rd July, 1995.

5. It appears, after the incident, mother of Shivaji returned home. In the meanwhile, Investigation Officer, P.W.9 came to know about the occurrence at Yede-Nipani and thus visited the house of Shivaji for enquiring about the incident with Shivaji's mother, Akkatai. Thereafter, Akkatai went to Vishrambaug Police Station and lodged a complaint at 2.30 a.m. which is at Exhibit-22. On her statement, Crime No. 35 of 1995 under Section 307 of the Indian Penal Code was registered against accused nos. 1 and 2. The investigation was taken over by P.W.9, Gaikwad. On the next day, he drew a panchanama of the place of offence. He had also attached the clothes of the injured under the panchanama, Exhibit-13. He effected arrest of accused nos. 1 to 3 on 21st July, 1995.

6. It appears on 25th, accused No. 1 while in the