R.D.KOTHARI, J.

1. This is somewhat unusual case. On 19.05.1994, three homicidal death took place. The appellant is charged for that. The facts of the case may be stated at once, but before that we may observe that notwithstanding bulky record made by the prosecution and very lengthy judgment under appeal by trial Court, big question mark remains so far as case against the appellant is concerned.

2. The facts in brief are as under :

2.1. The present appeal arises out of the common judgment delivered in two Sessions Cases i.e. Sessions Case No. 127 of 2003 and Sessions Case No. 128 of 2003. Those two cases, in turn, arise out of two complaints registered with Kalyanpur Police Station, District : Jamnagar. These two complaints are C.R. No. I61 of 1994 and C.R. No. I62 of 1994. The former complaint is by one Bhoga Lakha for homicidal death of Markhibhai and later complaint is by one Jetha Savdas. Jetha Savdas is the father of other two deceased. His two sons i.e. Hamir Jetha and Kana Jetha have met with homicidal death. Bogha Lakha is a relative – in distant relation, of the deceased Markhibhai. It is the case of the prosecution that the present appellant has lured the decease