Sunil K. Kotwal, J.

1. By filing this appeal, State of Maharashtra has challenged the judgment and order passed by Additional Sessions Judge, Ambejogai in Sessions Case No. 94/2004, wherein accused Nos. 1, 2, 4 and 5 were acquitted of the offence punishable under Section 302 read with Section 149, Sections 504 read with Section 149, Section 143, 147 and 148 of the Indian Penal Code. State has also challenged the correctness of conviction of accused Nos. 1 and 4 only for the offence punishable under Section 323 of the Indian Penal Code. Respondents are original accused Nos. 1, 2, 4 and 5.

2. Facts leading to institution of this appeal are that, accused and complainant as well as all witnesses are the residents of village Pargaon Sudrik Shivar, Taluka Shrigonda, District Ahmednagar. Informant Chandrabhagabai Labde (P.W. 1) is the wife of deceased Bhaguji Labde. At the relevant time of the occurrence, deceased used to work as labour at Kukdi irrigation Department, used to come from Pargaon to Karjat. On 2.4.2004 at about 11.00 a.m., informant Chandrabhagabai and her son Sachin (P.W. 6) went to their field, known by local name "Dara". Deceased Bhaguji also accompanied them. The