JUDGMENT :

V.G. BISHT, J.

1. This Appeal is filed by the State challenging the judgment and order of acquittal dated 25th November, 1999 passed in Sessions Case No. 451 of 1997 by learned Additional District and Sessions Judge, Pune for the offences punishable under Sections 120B, 302, 324, 147, 148 of the Indian Penal Code (for short “IPC”).

2. At the outset it may be noted that in said Sessions Case No. 451 of 1997 there were ten accused. All of them came to be acquitted vide impugned judgment and order which is subject matter of the present Appeal. However, this Court (Coram: J.A. PATIL & P. V. KAKADE, JJ.) was pleased to admit the Appeal as against original accused (Balu Bhagu Vashivle-(A-1)-respondent No.1 and rejected as against rest of the respondents-accused.

3. Narrated in nutshell, the prosecution case is that;

(a) The informant’s father, namely, Mahipat Ramchandra Vashivle (“deceased” for short) at the relevant time was sarpanch of village Barpe, Tiskari and also a worker of Congress Party. An agricultural land bearing Gat No. 172 of village mouje Barpe is being cultivated by informant’s uncle, namely, Bhagu Santu Vashivale (A-2) and his cousin, namely, Balu Bhagu Vashivale (