JUDGMENT

M.K. Mukherjee, J.-This appeal under Section 379 Cr.P.C. is directed against the judgment dated October 15/16, 1987 rendered by the Gujarat High Court in Criminal Appeal No. 746 of 1981 whereby it reversed the acquittal of the appellant of the charges under Sections 302, 201, 212, 364, 365 and 397 IPC recorded in his favour by the Sessions Judge, Surat and convicted and sentenced him under Sections 302 and 201 IPC, while upholding the acquittal of three others who were arraigned with him.

2. The prosecution case, so far as it is relevant for disposal of this appeal, is as under :

(a) Khodabhai Amarshi Patel (the deceased) used to reside in the city of Surat along with his wife Raiben (PW 2) and two children and carry on business in diamonds. On September 2, 1980 (which was the Janmastami day) he left his residence in the morning with a packet containing diamonds worth Rs. 60,000/- after informing his wife that a person was waiting for him in the market. As he had not returned home till 3 P.M. his wife requested Shamjibhai Manjibhai (PW 8) to enquire of his whereabouts. Shamjibhai first went to the office of Gordhanbhai Patel (PW 1), a cousin of the deceased,