( 1 ) ). IN this appeal under Sec. 378 of the Code of Criminal procedure, 1973 (hereinafter referred to as "the Code"), the appellant-State of gujarat has challenged the judgment and order of acquittal recorded by the learned Sessions Judge, Kutch-Bhuj in Sessions Case No. 46 of 1989 passed on 26-3-1991 whereby all the 9 respondents-original accused persons came to be acquitted of all the charges against them.

( 2 ) IN order to appreciate the merits of the acquittal appeal and the challenge against it, let us first have a conspectus of material and the relevant facts of the prosecution case. The incident in question occurred on 20-2-1989. On that date about 2-30 p. m. one Balubha Bhimji-complainant came back home from his field. He found his wife Lilaba and mother Pamuba quarrelling about vacating the house. The complainant and his family was residing in the residential house situated at village Mota Kandagara of Bajpur Taluka in District Kutch-Bhuj. Complainant-Balubha was asked to vacate the house by his mother. Therefore, there was family discord and a quarrel. At that time, one person, who was a neighbour, Ladhubha Amarsing and his son Jilubha came to the house o