JUDGMENT

Vishnu Sahai, J. - Since both these matters arise out of a common incident and the same impugned judgment they are being disposed of together.

2. A perverse judgment of acquittal dated 3rd December. 1982 passed by the Assistant Sessions Judge. Solapur in Sessions Case No.109 of 1982 acquitting the respondents for offences punishable under Sections 307, 326, 324 and 427 all read with Section 34. I.P.C. has prompted the State of Maharashtra to prefer this appeal under Section 378(1) Cr. P.C. in this Court. The same consideration has prompted the original complainant Dinkar Krishnaji Patil to prefer Criminal Revision Application No. 63 of 1983.

3. Briefly stated the prosecution case runs as follows:

The informant Dinkar Krishnaji Patil PW 3 was residing at the time of the incident along with his wife Shashikala PW 6 and children in house No. 741 in South Kasba area of Solapur. There was enmity between him on the one hand and respondents Harishchandra Tukaram Awatade and Prabhakar, Tukaram Awatade both real brothers on the other. The other two respondents viz. Shivaji @ Kaka Namdeo Awatade and Ashok Namdeo Awatade both real brothers were nephews of Harishchandra Tuk-aram Awata