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 qua