As per Hon'ble Shri D.R. Deshmukh, J. :-

1. This criminal appeal by the State is directed against the judgment dated 31-5-1989 delivered by the 3rd Additional Sessions Judge, Bastar place at Jagdalpur in Sessions Trial No.48/87, whereby the respondents Arjun and Baldeo and deceased co-respondents Budru and Raghu were acquitted of the charge under Sections 147, 302 read with Section 149 of the I.P. C.

2. The appeal has abated against the respondents Budru and Raghu, who died during pendency ofthis appeal.

3. Prosecution story is that Nakul son of deceased Shivnath was married to the daughter of Budru. However, daughter of Budru remarried upon which enmity erupted between Budru and Shivnath. On 2-8-1986 an oral altercation had taken place between Shivnath and Budru on the same issue. Shivnath accompanied by Manto, Mani, Mansingh and Sitaram was going to P.S. Bhanpuri to lodge a report. Near Hathitalab, Farsaguda, on the main road, Budru, Raghu, Arjun, Baldeo and Phoolsingh started a fight with Shivnath. Budru assaulted Shivnath by a Farsi on the left wrist, right hand and chest. His companions also assisted in the assault. Sitaram P.W.-3 and his companions intervened. Sitaram P.