Akil Abdul Hamid Kureshi, J.

1. This appeal is filed by the original accused who have been, by the impugned judgment of the learned Additional District and Sessions Judge, Panchmahal dated 29.09.2012, convicted for the offences punishable under sections 302, 325, 323 of IPC and under section 135 of the Bombay Police Act. They have been sentenced to life imprisonment for offence under section 302 and lesser sentences are imposed for the remaining offences. During pendency of the appeal, accused No. 2 Dilipbhai Koyabhai Solanki expired. Appeal qua him, therefore, has become infructuous.

2. Briefly stated, the prosecution version was that, on the date of the incident i.e. on 14.10.2011 at about 8 O'clock in the evening, due to previous animosity, the four accused attacked Narvatsinh Pratapsinh Solanki, PW 11, causing serious injuries. They, then severely beat up his adopted son Rangeet who died about a day later during treatment. The accused were carrying weapons such as iron pipe, stick, log of wood and a kitchen implement called vataniyu which is used for crushing or pulping and is made of stainless-steel or iron. In the present case, the said implement was about one and quarter foot long and was of a thickness of more than one inch.

3. PW 2, Shardaben Parvatbhai, Exh 12 claimed to be an eyewitness and was also the first informant. She deposed that deceased Rangeet was her son. However, since her brother-in-law Narvatsinh did not have children, he had adopted Rangeet informally. On 14.10.2011, between 8:00 and 9:00 at night, when she received a phone from her brother-in-law, she had gone to the field where the incident had taken place. The accused had smashed her brother-in-law's hands and legs and were beating up her son. Pradipbhai Solanki, accused No. 1 had iron rod with which he had given a blow to Rangeet on his head. Dilipbhai Solanki, accused No. 2 had a stick with which he had beaten her son on the body. Harshadbhai @ Lalo Pravinbhai Solanki, accused No. 3 also had a stick with which he had broken her son's leg. Alpeshsing @ Arvind Prabatsinh @ Nanbhai Solanki had an iron vataniyu with which he gave blows on the chest. Pradip Solanki had given a blow with an iron rod to Madhuben, her sister-in-law and then he hit her on her thigh. Harshadbhai had also given a stick blow to Arvind, one of the boys staying in the locality and to Vinod, son of her sister. After this, all four people ran away. She had given complaint before the police which was produced at Exh 13.

In the cross examination, she stated that deceased Rangeet lived with Narvatbhai Solanki and his wife at their field which was at a distance of about 1 km from her house. She was taken to the hospital at Vadodara for her treatment. In the history given to the doctor, she had not given names of the assailants. She agreed that she went to the place after receiving phone call from Vinod at which time, Narvatbhai, Rangeet and Madhuben were already injured and they were lying there. She agreed that next day, she was told about Rangeet having expired after which, the FIR was lodged. She was confronted with her disclosures in the FIR in which she had given a somewhat different version.

4. In the FIR Exh 13, this witness had stated that about a year back, a quarrel had taken place between Pradipbhai, accused No. 1 and Rangeet about plucking kankoda (a kind of vegetable). On the previous evening i.e. on the date of the incident, at about 6 O'clock, she had gone to the field for feeding the buffaloes and for milking them. She was returning from there at about 8:30, at which time, while passing through the house of Narvatsinh, she heard shouts and had seen the four accused assaulting Rangeet. She tried to intervene, upon which, she was given one blow on her thigh with the iron rod.

5. PW 7, Madhuben Narvatsinh Solanki, Exh 46 was an injured eyewitness. She deposed that they (i.e. she and her husband) had adopted her sister-in-law's son Rangeet. The accused often used to