JUGDMENT

Ganguly, J.—

1. This is an appeal by the complainant against the judgment and order of acquittal by the High Court of Gujarat in Criminal Appeal No. 933/2000 which upheld the order of acquittal of all the accused by the Principal Judge, City Civil Court, Ahmedabad in Sessions Case No. 274/99.

2. The deceased, Arunbhai and Popatbhai Manilal, Jayantibhai Manilal and Ishwarbhai Manilal were residents of Bapalal Ghanchi’s Chawl, Chamanpura, Ahmedabad. Champaben Govindbhai Patni, the complainant, the mother of the deceased, was married to Govindbhai, who was at the material time working in Mumbai. They have three sons and three daughters, the deceased Arunbhai, being the eldest of the sons. The deceased, a rickshaw- puller by profession, was married 10 years back to Madhuben. She is the daughter of Chamanbhai Popatbhai, the uncle of the accused persons. But at the time of the incident Madhuben was not staying in the family of the deceased.

3. The case of the prosecution is that on 18.6.1999, around 9.00 p.m., the deceased Arun was sleeping on a cot on the Otla (extended balcony) of the house after his supper. Accused No. 1, Popat was walking past by him when the leg of the dece