S S Shinde, J. - (1.) This Criminal Appeal takes an exception to the judgment and order dated 24th October 1996 passed by the IIIrd Additional Sessions Judge, Raigad in Sessions Case No. 62 of 1995 acquitting all the accused from the offences punishable under Sections 147, 148, 302 read with Section 149 and 201 read with 149 of the Indian Penal Code.
(2.) The prosecution story in nutshell is as under: Deceased (Vilas) was residing in a house at village Kihim in Chavan lane. In the said house, his uncle Vishnu Chavan, is also residing with his family members. Adjacent to the said house, there is house of accused Santosh and he is residing there alongwith his family. There is foot way from the main road passing through the court-yard of house of deceased Vilas for reaching to the house of accused Santosh. Accused Santosh and his family members started business of boarding in their house and as such in need of a foot-path of more width in order to have the facility of the tourists for reaching the house of accused Santosh with vehicles. With the business of boarding and with the said necessity, accused Santosh has requested deceased Vilas and his uncle Vishnu Chavan for the foot way of more width, said demand was refused. Thereupon, a Civil Suit, was filed for the said foot way by the family members of accused Santosh. With the said dispute, all the family members of the accused Santosh, were on rival terms with deceased Vilas and his family members.
(3.) According to prosecution, a house was constructed by maternal aunt of deceased Vilas and it was at a short distance from the house of deceased Vilas, maternal aunt Malti Yadav, is resident of Mumbai and, therefore, Vilas was using the said house for entertaining the visitors and also providing all the facilities including meals to the visitors in the said house. With the said tourist business, Vilas used to go to said house on every day to take bed rest.;