( 1 ) THIS appeal is directed against the judgment rendered in Sessions case No. 39 of 1982 on 23-12-1982 by the learned Additional Sessions Judge Junagadh. The facts giving rise to this appeal may be briefly stated as under:

( 2 ) THE appellants-original accused had gone for girnar parikrma on 7-11-1981. Vitthal Govind P. W. 1 Ex. 10 head constable and three other police constables were on duty.

( 3 ) THE accused were near Ahmedabadi kua near Jenababa Medi on 9 at about 3. 30 p. m. Thousands of pilgrims were also there. Accused No. 6 was a wanted accused as he was to be arrested because of the fact that C. R. No. 223/79 was pending against him which was filed on 1-1-1979 for offences under secs. 143 147 149 332 336 337 and 504 of the I. P. C That position is also clear because he was shown in absconding register kept at the Police Station. Both these facts are clear from the documents Ex 24 and Ex. 34. Now as Vitthal and other police constables saw these six persons they tried to catch hold of accused No. 6. Accused No. 6 was caught by police constable Lila who is examined as prosecution witness no. 3. The other accused persons namely accused nos. 1 to 5 wanted to s