ORDER :

Y.G. Khobragade, J.

1. Appeal No.131 of 2020 is filed by the State seeking leave to file appeal under Section 378(1) (b) of the Cr.P.C. against the judgment and order of acquittal dated 09.12.2019 passed by the learned Additional Sessions Judge, Beed in Sessions Case No. 141/2015 for the offences punishable under Section 147, 148, 307, 326, 323, 504, 506 read with Section 149 of the I.P.C. and prayed for taking action under Section 390 of the Cr.P.C. against accused/respondents.

2. Criminal Appeal No.276 of 2020 is instituted by the victim-informant under Section 378 read with Section 372 of the Cr.P.C. challenging the judgment and order of acquittal of the respondents-accused delivered on 09.12.2019 in Sessions Case No.141/2015 by the learned Additional Sessions Judge, Beed, whereby, the learned Additional Sessions Judge acquitted the respondents-accused for the offences punishable under Section 147, 148, 307, 326, 323, 504, 506 read with Section 149 of the I.P.C.

3. Since in both these appeals are challenging order of acquittal, therefore, both these appeals are being decided together at the stage of admission itself.

4. Heard Smt. V.S.Choudhari the learned APP for the State and learned advocate Shri D.S. Ingole h/f. Shri N.S. Ghanekar learned advocate for the appellant/victim-informant at length.

5. With the able assistance of the learned APP for the State as well as the learned advocate appearing for the appellant, we have gone through the record and the material which was produced before the learned trial Court.

6. It is the prosecution case that one Sikandar Baig - injured/appellant lodged a report alleging that he is residing at Malapuri, Tq. & Dist. Beed along with his family and the accused persons are his relatives. The informant-appellant is having land survey no.222 which was purchased by him in the name of his wife. Towards eastern side of his land, survey no.223 owned by the accused no.12-Shaikh Mahmood Shaikh Rahim and between these two fields bandh exists. There were some disputes about the boundary of fields as well as some encroachment on their land vice versa at the hands of the informant and the accused no.12. Therefore, the appellant Sikandar along with his two sons Nayyar Baig (PW2) and Khamar Baig and one Alam Baig (PW3) went with the accused no.12 to their field but prior to their visit other accused persons were already present at the spot of incident.

When the appellant/victim and the accused no.12 started discussing about strengthening of bandh and putting stone for demarcation of bandh but at that time accused no.1 started abusing and obstructed them from putting stones. The appellant-injured tried to give him understanding but at that time accused no.2 caught hold the injured Sikandar and accused no.3 - Shaikh Osman Shaikh Isaq assaulted him with blunt side of the axe over his right eye, right shoulder, right arm and below the right eye due to which he sustained bleeding injury. Therefore, Khamar Baig and Nayyar Baig rushed towards their father injured-Sikandar Biag but at that time all the accused persons assaulted them with stick and iron rod and due to which both sons of injured also received injuries on their head, hand, leg and back. The villagers brought the injured Sikandar Baig and his both sons to Civil Hospital, Beed and subsequently the injured Sikandar Baig was referred to MGM Hospital, Aurangabad, where he was treated till 16.06.2014. During his hospitalisation on 13.06.2014 statement of injured Sikandar (the appellant) was recorded at hospital by the Police Officer (PW9) Bashu Karim Shah. Thereafter, the statement of injured was referred to Police Station (Rural) Beed on which basis Crime No.81/2014 was registered against the asccused on 14.06.2014 for the offences punishable under Section 147, 148, 307, 326, 323, 504, 506 read with Section 149 of the I.P.C.

7. Initially, the investigation was conducted by P.I.-Mr. Pandit (PW11) who visited the spot of the incident and drawn panchanama