Point in Issue :
Whether prosecution has been able to prove offence of murder against accused appellant?

J.R. Vora, J.—Both the instant appeals have arisen from the same judgment and order delivered by learned Additional Sessions Judge, Sabarkantha at Himmatnagar, on 29.07.2000, in Sessions Case No. 41/1998.

2. In all eight accused were charge-sheeted for the offences punishable under Sections 120-B, 147, 148, 149, 504, 506(2), 341 and 302 of the Indian Penal Code as well as under Section 135 of the Bombay Police Act. However, when the charge was framed, out of eight accused, accused No. 5 - Kacharabhai Revabhai Chamar died and remaining seven accused faced the trial.

3. Vide judgment and order impugned, learned trial Judge was pleased to convict the accused No. 1 - Dahyabhai Revabhai Chamar, accused No. 2 - Amrutbhai Revabhai Chamar and accused No. 3 - Natvarbhai Revabhai Chamar for the offence punishable under Section 302 of the Indian Penal Code and each of these accused came to be convicted and sentenced by the trial Judge for imprisonment of life and to pay fine of Rs. 2,000/-, in default, to undergo simple imprisonment of three months. Against this judgment and order, all the three accused preferred Criminal Appeal No. 917/2000 under Section 374 of the Criminal Procedure Code against their conviction and sentence.

4. While accused No. 4 - Alakhabhai Khatubhai Chamar, accused No. 5 - Motibhai Revabhai Chamar, accused No. 6 - Kaliben w/o. of Valabhai Revabhai Chamar and accused No. 7 - Savitaben w/o. of Dahyabhai Revabhai Chamar were acquitted by the trial Court for whole the charges levelled against them through benefit of doubt and hence, the State preferred Criminal Appeal No. 1007/2000 against these four accused under Section 378 of the Criminal Procedure Code challenging their acquittal.

5. Prosecution case briefly stated, the incident in question occurred on 17.12.1997 at Village : Navalpur of Himmatnagar Taluka. The incident, according to the prosecution case, occurred at 21.15 hours. Complainant - Jugatsinh Jitusinh, aged about 28 years was staying at Village : Navalpur and was at the relevant time Deputy Surpanch of Navalpur Gram Panchayat. In population of Village : Navalpur, Harijans, Muslims, Darbars, Rabaris were staying. There were about 20 houses of Harijans. Before three months of the incident, there was a dispute between Harijans and Muslims about right of way in the field and about the boundaries. When the incident occurred, that dispute was still going on. Complainant - Jugatsinh Jitusinh belonged to Darbar community and Darbar community had no disputes or any rivalry with any other community. On earlier day of the incident i.e. on 15.12.1997, buffalo belonged to one Akbarbhai Khanushia had died. It appears that, on account of the disputes with Harijans, they did not remove the deadbody of the buffalo, but Harijans believed that the deadbody of buffalo belonged to Akbarbhai Khanushia was removed in the tractor with the assistance of the complainant Jugatsinh Jitusinh. On 16.12.1997, while complainant Jugatsinh Jitusinh was going towards his field from the village, was accosted by accused No. 1 - Dahyabhai Revabhai Chamar and his wife accused No. 7 - Savitaben, on the road and they told the complainant that why the complainant had assisted in removing the deadbody of the buffalo belonged to Akbarbhai Khanushia and staked the same in tractor. According to the complainant, at that time both of these accused caught hold of him by his neck and he was threatened by both these accused that a complaint against Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 would be filed against them, they would see the complainant and family members of the complainant. The complainant thought that this was very small matter and did not file any complaint. On the day of the incident, complainant - Jugatsinh Jitusinh was at his residence, at that time, at about 8.30 p.m., Aslambhai Majidbhai Khanushia and Ibrahimbhai Rashidbhai Khanushia, who were eye-witnesses in the case, came to the residenc