Judgment

Dr. ARIJIT PASAYAT, J. —

1.Challenge in these appeals is to the judgment of a Division Bench of the Gujarat High Court, disposing of two criminal appeals. The appeal filed by the appellant (for the sake of convenience described as ‘A-2’) was dismissed; the appeal filed by the State of Gujarat was allowed altering his conviction for offence punishable under Section304 part 1 of the Indian Penal Code (in short the ‘IPC’) to Section 302 IPC while maintaining the conviction for offence punishable under Section 135 of the Bombay Police Act, 1951 (in short the ‘Police Act’). The learned Additional Sessions Judge, Amerli in Sessions Case No. 104 of 1992 directed acquittal of Atabhai (A1), Kanubhai (A3) and Rambhai (A4) (hereinafter for the sake of convenient described as ‘A1, A3 & A4’).

2.As noted above, both the State and the present appellant filed appeal. By order dated 18.4.1996 High Court dismissed the State’s appeal so far as A1, A3 & A4 are concerned.

3.Background facts in a nutshell are as under:

“Complainant Samnatbhai Thobhanbhai stays in Harijan-Vankarvas at Kodinar. He had only one son namely Danabhai and they were staying together. The accused, his father and brothers we