R. K. ABICHANDANI, J.

( 1 ) ). This acquittal appeal was admitted and is heard against the accused Nos. 1, 3, 5, 6, 14 to 17, 21 and 22 as it was not pressed against rest of the respondents as recorded in the admission order dated 4-3-1986. This appeal is directed against the acquittal of these accused persons who were tried for the offences under S. 147, 148, 149, 307, 323, 324, 325 and 337 of the Indian Penal Code.

( 2 ) ). The prosecution version is that on 10-9-1983, at about 9 or 9-30 A. M. , the complainant Gandaji Thakor alongwith Jakshibhai Valjibhai Rabari, Raghunathbhai khodabhai Rabari, Bhagwanbhai Nathabhai Rabari and Ranaji Jenaji Thakor had gone from village Moraiya to Bavla in a tractor driven by Vithalbhai, to sell 165 maunds of paddy which belonged to Harjibhai Nathabhai. They reached Bavla around 10-10. 30 A. M. After selling the paddy, making some purchases and taking snacks, they started for the return journey from Bavla around 1-45 P. M. At that time driver vithalbhai Chhotabhai Vasava was driving the tractor and the complainant Gandaji was sitting by his side and others were sitting in the trolly attached with the tractor. When they reached near village Pilupur

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