JUDGMENT

Arijit Pasayat, J.-Appellant questions correctness of the judgment rendered by a Division Bench of the Gujarat High Court setting aside the judgment of acquittal passed by the trial Court and convicting the appellant for an offence punishable under Sections 304 Part II, 325 and 447 of the Indian Penal Code, 1860 (in short the IPC ) and sentencing him to undergo rigorous imprisonment for a period of 5 years, 3 years and 2 years respectively with a direction that the sentences to run concurrently. Two other persons who are respondents 2 and 3 in this appeal had also faced trial with the appellant. They were acquitted by the trial Court, but convicted by the High Court. They were, however, ordered to be released on probation of good conduct and behaviour for a period of 3 years instead of sentencing them at once.

2. Prosecution version as unfolded during trial is as follows :

The complainant Madhevbhai Veljibhai (PW-4), one of the injured witnesses filed the first information report stating that on 28.4.1983 a.m. his father Veljibhai Bhavsang (hereinafter referred to as the deceased ) along with his elder brother Cheljibhai (PW-6) and younger brother Kanjibhai (PW-7) were work