NAVIN SINHA, J. - (1.) This appeal arises from an order of acquittal, reversing the conviction of respondents 1 to 4 under Sections 302, 34, 120B of the Indian Penal Code (IPC) sentencing them to life imprisonment and fifteen days imprisonment under Section 135(1) of the Bombay Police Act.
(2.) The deceased was assaulted on 01.10.2003 at 2:30 am while he was returning on a motorcycle along with PW2 who was the pillion rider. The respondents are said to have assaulted with iron pipe, steel rod and stick, causing three stab wounds and nine incised wounds. The acquittal is premised on the reasoning that the evidence of the eyewitnesses PW2 and PW10, is inconsistent with the medical evidence, regarding the nature of injuries visàvis the weapons of offence.
(3.) Shri Shikhil Suri, the learned amicus curie appearing on behalf of the appellant submitted that the First Information Report was lodged promptly at 5:15 am the same day by PW2 naming the four respondents. The deceased, PW2, and the four respondents were well known to each other from earlier. Relations between them had soured, leading to the occurrence. PW12 had deposed that the respondents had threatened the deceased earlier also. The deposition of PW2 is corroborated by an independent witness, PW10 the security guard of the bungalow near which the occurrence took place. There were street lights near the place of occurrence.;