JUDGMENT

K.G. Balakrishnan, J.-These two appeals arise from the same Judgment passed by the Division Bench of High Court of Gujarat whereby the respondents herein were acquitted of the charges framed against them under Sections 144, 148, 302 read with Section 149 and Section 135 of Bombay Police Act. Among the five respondents, the 5th respondent passed away during the pendency of the appeals. All the respondents were found guilty by the Addl. Sessions Judge, Surat for all the offences charged against them and for the main offence under Section 302 read with Section 149, they had been sentenced to undergo imprisonment for life.

2. In the appeal filed by these respondents, the High Court was of the view that the prosecution failed to bring home their guilt. Accused No.5 was the paternal uncle of deceased Natwarlal Bhanubhai. Accused No.2 is the son-in-law of accused No.5. Accused No.1 is a brother of Accused No.2. Accused No.3 and accused No.4 are cousins of accused No. 2. The prosecution case was that on 13th November, 1985, all the accused formed themselves into an unlawful assembly and went to the house of the deceased and forcibly took him to a nearby Babul tree and caused him a s