The sufficiency of evidence, including medical evidence and witness testimonies, is crucial in establishing guilt in criminal cases.

K.S. Jhaveri, J.

1. Qua the accused No. 3, the Appeals abate.

2. Heard learned Advocates for the appellants accused and learned Additional Public Prosecutor for the respondent - State Mr. L.R. Pujari.

3. Criminal Appeal No. 1674/2004 is an Appeal preferred by the appellants - accused against the judgment and order of conviction and sentence dated 15.09.2004 passed by the learned Additional Sessions Judge, First Fast Track Court, Amreli in Sessions Case No. 60/1999 whereby under Section307 read with Section 114 of the Indian Penal Code, the original accused No. 1 and 3 were handed rigorous imprisonment for two years and fine of Rs. 200/-, in default simple imprisonment for one month, under Section 447 read with Section 114 of the Indian Penal Code, the original accused No. 1 and 3 were sentenced to undergo rigorous imprisonment for one month, under Sections 161 and 162 of the Gujarat Panchayat Act, the original accused No. 1 and 3 were sentenced to undergo simple imprisonment for one month, under Section 323 of the Indian Penal Code the original accused No. 2 was sentenced to undergo rigorous imprisonment for one month, under Section 325 of the Indian Penal Code the original accused No. 2 was handed rigorous imprisonment for nine months and fine of Rs. 200/-, in default simple imprisonment for one month, under Section 447 of the Indian Penal Code the original accused No. 2 was sentenced to undergo rigorous imprisonment for one month, under Sections 161 and 162 of the Gujarat Panchayat Act the original accused No. 2 was handed simple imprisonment for one month. The original accused No. 1 and 3 was acquitted of the offences under Sections 504 of the Indian Penal Code and under Section 135 of the Bombay Police Act whereas the original accused No. 2 was also acquitted under the above cited offences.

4. Criminal Appeal No. 1918/2004 is an Enhancement Appeal preferred by the appellant - State being aggrieved by the judgment and order of conviction and sentence as stated above.

5. The case in brief and the incident which occurred on 20.03.1999 are as under:-

"3.1. The complainant was residing with his family and used to cultivate his farm. On the said day, the complainant had gone alongwith his two sons to the farm for agricultural work. At that moment, the complainant observed that in the farm of his elder brother, all the accused alongwith another unknown person were present with their cattle. It is the case of the prosecution that the complainant asked the accused to remove the cattle from the fields. However, it is alleged that the accused got incensed and started abusing the complainant. The accused No. 1 and 3 are alleged to have given an axe blow on the head of the complainant and the accused No. 3 also inflicted three blows with a stick on the leg of the complainant. The other unknown person is alleged to have given fist blows to the son of the complainant. At that juncture, one - Patel Kantibhai Popatbhai arrived at the spot of the incident and the accused then ran away. The complainant was admitted to the hospital and the complaint was filed.

3.2. The chargesheet was led before the learned Magistrate and the case was committed to the Sessions Court, being Sessions triable case. The accused pleaded not guilty to the charges levelled against them. On completion of the evidence of prosecution, further statement of the accused under Section 313 of the Code of Criminal Procedure were recorded.

3.3. At the time of the trial, the prosecution examined the following witnesses:-