Judgement

K.G. BALAKRISHNAN, J.- These two appeals arise from the same judgment passed by the Division Bench of the 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 IPC and Section 135 of the Bombay Police Act. Among the five respondents, the 5th a respondent passed away during the pendency of the appeals. All the respondents were found guilty by the Additional 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 theview that the prosecution failed to bring home their guilt. Accused 5 was the paternal uncle of deceased Natwarlal Bhanubhai. Accused 2 is the son-in-law of Accused 5. Accused 1 is a brother of Accused 2. Accused 3 and Accused 4 are cousins of Accused 2. The prosecution case was that on 13-11-1985, till 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 series of inju