These are Criminal Revisions arising out of the judgment and order passed by the learned Additional Sessions Judge, Aurangabad in Criminal Appeal No.90/2002, the first preferred by the accused no.1 being aggrieved and dissatisfied by the dismissal of part of his appeal thereby confirming his conviction for the offence punishable under section 307 of the IPC and the other being preferred by the original informant complainant aggrieved by the decision in the appeal to the extent it sets aside acquittal of the rest of the accused, as also acquittal of the accused no.1 of the rest of the charges.

2. Both these revisions have been heard simultaneously and are being disposed of by this common judgment and order. For the sake of convenience the parties are hereinafter referred to by their status in the trial.

3. Respondent Prafulla lodged a complaint at Chawani Police Station, Aurangabad on 31.05.1999 alleging that on that day at about 8.00 p.m. a quarrel had ensued between his brother Sachin and one Nitin Bachke. After hearing commotion he along with his parents rushed to the spot. The parents of Nitin Bachke and his minor brother had already gathered there. It was alleged that a