Important Point
Unintentional homicide is not murder.

K.S. Jhaveri, J.

1. By way of these appeals, original accused No. 1, 3 & 4 have challenged the judgement and order dated 18.08.2005 passed by the learned Additional Sessions Judge, Fast Track Court No. 1, Patan in Sessions Case No. 30 of 2004 whereby the trial court has convicted and sentenced the accused as under. The sentences were ordered to run concurrently and the accused were given benefit of set off.

Original Accused No.	SECTIONS UNDER WHICH CONVICTED	SENTENCE
Original Accused No. 1	302 of Indian Penal Code	Life imprisonment and fine of Rs. 5000/-, I.D. S.I for one year
	325 of Indian Penal Code	R.I. for one year and fine of Rs. 1000/-, I.D. S.I for one month
Original Accused No. 4	302 of Indian Penal Code	Life imprisonment and fine of Rs. 5000/-, I.D. S.I for one year
	323 of Indian Penal Code	R.I. for six months and fine of Rs. 500/-, I.D. S.I for one month
Original Accused No. 3	325 of Indian Penal Code	R.I. for one year and fine of Rs. 1000/-, I.D. S.I fo one month

1.1 Original accused No. 4 - Rabari Ranabhai Valabhai expired on 27.09.2008 and therefore Criminal Appeal No. 2146 of 2005 stands disposed of as having been abated qua original accused No. 4 - Rabari Ranabhai Valabhai. We have therefore heard Criminal Appeal No. 2146 of 2005 only qua original accused No. 1.

2. It is the case of the prosecution that on 13.10.2003, at around 05.00 pm when the husband of the complainant went to the place where the construction work of toilet in School was being done, the accused persons started threatening him and told him that he was the person who was instigating the Sarpanch. Thereafter, on 14.10.2003, when the complainant, her husband, one Ramilaben and one Jamabhai Naranbhai were in their farm and at around 05.00 pm while they had completed milking buffaloes, the accused person came there. It is the case of the prosecution that accused persons came there and assaulted the complainant and her husband. Accused No. 1 was armed with stick and he gave a stick blow on the deceased, accused No. 2 armed with stick gave stick blow on the stomach of the deceased as well as Jamabhai, accused No. 3 gave being armed with a dhariya gave dhariya blow to Ramilaben and accused No. 4 was armed with axe and he gave axe blow to the complainant and deceased on his head. The complainant therefore started shouting and as people gathered there the accused persons ran away. A complaint was therefore registered by the complainant.

2.1 The accused were apprehended and after investigation charge sheet was submitted. The case was committed to the Court of Sessions. The trial was initiated against the accused and during the course of trial the prosecution examined around 23 witnesses whose evidences were read before us by learned advocates for both the sides. The prosecution also around 46 certain documents which have been perused by us during the course of hearing.

2.2 At the end of the trial and after recording the statement of the accused under section 313 of Cr.P.C., and hearing arguments on behalf of prosecution and the defence, the learned Additional Sessions Judge convicted the accused as mentioned aforesaid. Being aggrieved by and dissatisfied with the aforesaid judgement and order passed by the Sessions Court the accused have preferred the present appeals.

3. Mr. Yogesh Lakhani, learned Senior Advocate appearing for the accused in both the appeals is not in a position to dispute the genesis of the incident considering the fact that this is a case of cross complaint where both the sides were involved. Mr. Lakhani however submitted that the incident happened in 2003 and almost 12 years have passed and therefore considering the fact that considerable period of time has lapsed, this Court may take a considerate view in the matter. He submitted that the accused are remorseful and