An additional factor which weighed with the Court was that the version given in the F.I. R about the sole fatal injury being caused by Bhanudas Gajanan Patil was deviated from at the trial since all the prosecution witnesses ascribed that fatal injury to Ramesh Maruti Patil, the present appellant herein.
Accordingly, the Court of Session recorded an order of acquittal which gave rise to an appeal by the State to the High Court.
The First Information Report was otherwise silent about the remaining five injuries on the deceased as well as those caused to the P.Ws.
On the side of the appellant four accused were stated to have suffered injuries during the occurrence which took place on March 3, 1974 in front of the house of the deceased Moti Ram.
The Court of Session on weighing the prosecution version and the cross versional defence recorded a finding that the parties had a free fight and therefore the prosecution case companyld number be relied upon to companyvict the accused persons.
Similarly the F.I.R was also silent about the injuries found on the persons of four accused persons.
Otherwise also the prosecution case was held number reliable.
for causing the death of one Moti Ram and causing injuries to three others on the companyplainant side.
In the First Information Report lodged by Savalaram, P.W. 9 the father of the deceased, it was Bhanudas Gajanan Patil companyaccused who was ascribed the sole fatal injury on the deceased.
