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Being annoyed due to said complaint, accused persons, as per prosecution case, used to harass P.W.8 Sangita and her family members. There used to be frequent quarrels and exchange of hot words between the two families.

5. On the date of incident i.e. 28.3.2006 at about 12.30 in the noon, when P.W.8 Sangita was standing in front of her house on the road, accused No.1 Hari and his son accused No.2 Sandip gave her abuses and threatening. Thereafter at about 2.00 p.m. when P.W.7 Sagar was returning home for lunch, accused No.1 Hari and accused No.2 Sandip threatened him also with sattur and also assaulted him by fist-blows and kicks.

11. On appreciation of the evidence led by the prosecution and defence, the trial Court held guilt of the accused No.1 alone to be proved for the offence punishable under Section 302 of IPC in respect of committing murder of deceased Chandrakant and convicted and sentenced him as above. As regards charge under Section 307 of IPC for attempting to commit murder of P.W.7 Sagar, the trial Court acquitted him for OJ 242 OF 2008.doc the said charge, but convicted him for the offence punishable under Section 324 of IPC. In respect of remaining accused Nos 2 to 4, the trial Court acquitted them of all the offences except for the offence under Section 323 of the IPC, of voluntarily causing hurt to P.W.7 Sagar and P. W. 8 Sangita with stick and fist-blows and sentenced them as aforesaid.

Meanwhile accused Nos 2 to 4 continued assault on P.W.8 Sangita with stick, fist-blows and kicks. After the assault accused fled from the spot.

19. Deceased Chandrakant was then taken to the hospital in auto rickshaw by P.W.7 Sagar and his brother Sawan.

There Chandrakant was declared to be dead. P.W.7 Sagar, who was also injured in the incident, was treated in the said hospital.