SHRIKANT D.KULKARNI, J. - (1.)The learned Counsel Mr Bilolikar for the respondents/original accused submits that he has also instructions to appear for respondents no.13 and 24.
(2.)Feeling aggrieved by the impugned judgment and order of acquittal, passed by the Additional Sessions Judge, Kandhar, camp at Mukhed in Sessions Case No.69/2006, acquitting all the accused, the State has preferred this appeal on various grounds, by taking aid of Sec. 378 (1) (3) of the Criminal Procedure Code.
(3.)The prosecution case in narrow compass is as under :
(i) The incident alleged to have taken place on 16/5/2006 during night hours at about 8.30 to 9.00 pm at Mukhed. On that day, police officials, on receiving reliable information had been to one hotel for conducting raid. After conducting the raid, the police party arrested certain accused persons and seized gambling material. When they were coming back to the police station, on the way, accused no.35 Rahul Lohbande along with five to six persons came across in front of police jeep and obstructed their way. The said Rahul Lohbande alleged to have questioned the police officials as to how they have arrested his workers. But police officials did not pay any attention and came to the police station and lodged the F.I.R. vide C.R.No.67/2006 under the Prevention of Gambling Act.

(ii) Afterwards, accused no.35 Rahul Lohbande along with 100 to 150 persons assembled in front of police chowki armed with sticks and sword. They alleged to have blocked the road. The information was given to S.D.P.O. The S.D.P.O. instructed to the police officials to handle the situation and he is rushing the spot very soon. The first informant/P.S.I. Bhandarwar, A.P.I. Nagargoje, P.S.I. Gaikwad and other police officials went to Mukhed police chowki and saw that a mob of 100 to 150 persons assembled in front of police chowki and they were pelting stones. The first informant and other police officials tried to pacify them, but those persons were not ready to listen and they were raising slogans. They were insisting that arrested persons shall be released.

(iii) The first informant and other police officials, upon receiving information about certain persons are going to commit riot and there would be law and order problem, they rushed to Ambedkar statue, however, the mob blocked the road by parking private vehicles. It is alleged that accused no.35 Rahul Lohbande used threatening language, "Tumhi Amchya Karyakartyawar Karyawahi Karta Kai, Tumche Mudade Padto". By saying so, accused no.35 Rahul Lohbande alleged to have given blow of sword on the head of Police Naik Wadje and caused injuries. He was immediately taken to Sub-District Hospital, Mukhed. The other police officials also sustained injuries including P.S.I. Gaikwad, Head Constable Bugdalwar and Police Constable Pawar. Accordingly, F.I.R. came to be lodged with police station vide Crime No.67/2006.

(iv) A.P.I. Nagargoje investigated the case and prepared the panchnama of scene of offence. He seized sword, sticks etc. and recorded the statements of witnesses. He has collected injury certificates of the injured persons. After transfer of A.P.I. Nagargoje, P.I. M.G. Pathan was entrusted the remaining part of investigation. It was transpired during course of investigation that accused have committed offences punishable under Ss. 147, 148, 353, 333, 186, 504, 506 and 307 read with Sec.149 of the Indian Penal Code and offence under Sec. 135 of the Maharashtra Police Act and offence punishable under Sec. 4/25, 27(2) of the Arms Act. Accordingly, charge-sheet came to be filed against in all fifty accused persons.