R. K. ABICHANDANI, J.

( 1 ) THIS acquittal appeal has been preferred against the judgement and order dated 12. 12. 1991 passed by the learned Additional Sessions Judge, Mehsana in Sessions Case No. 186 of 1990, acquitting all the seven respondents - accused persons, for the offences punishable under Sections 302, 504 read with Section 149 and/or Section 34 and Sections 147, 148 and 447 of the Indian Penal Code and Sec. 135 of the Bombay Police Act.

( 2 ) ALL these accused persons were alleged to have formed an unlawful assembly with a view to commit murder of Hariji Mongaji Chavda and in pursuance of such common object, they are said to have attacked Hariji with lethal weapons like dharias and sticks and caused his death by inflicting multiple injuries on him, around 4. 45 P. M on 28/05/1990 in the field of Hariji, bearing Survey No. 1720 in village Kada, which is in Tal. Visnagar of Mehsana District. The prosecution version is that on 27th May, 1990, there was a quarrel over removing a part of the hedge lengthwise on the side of the field of the accused No. 3 - Jivanji Chelaji bearing survey No. 1719, which was adjoining the field of Hariji. According to the prosecution, when a par

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