JUDGMENT

Thakkar, J. - One Aher Pitha Vajshi and his five sons, belonging to Village Kenedi in Kalyanpur Taluk of Jamnagar District were tried by the learned Sessions Judge Jamnagar in Sessions Case No. 71 of 1973 in connection with the homicidal death of one Nabha Ram who was the victim of a criminal assault mounted on him at about 9 p.m. on August 24, 1973. The learned Sessions Judge accorded benefit of doubt and acquitted all the six persons accused of the crime. The State of Gujarat called into question the order of acquittal passed by the learned Sessions Judge by way of Criminal Appeal No. 384 of 1974. A Division Bench of the High Court of Gujarat at Ahmedabad by its judgment dated 29/30th September, 1975 reversed the Judgment of the learned Sessions Judge partly by setting aside the order of acquittal insofar as Aher Pitha and his three sons (viz. Accused Nos. 1 to 4) were concerned. The High Court was of the view that the appreciation of evidence made by the learned Sessions Judge was unreasonable and that in fact there was ample evidence to support a finding of guilt as against these persons. So far as, original accused Nos. 5 and 6 were cancelled the High Court did not di