A.J. Shastri, J.

1. The present Criminal Appeal is filed by the State under Section 378(1) of Criminal Procedure Code feeling aggrieved and dissatisfied by the judgment and order passed by learned Sessions Judge, Valsad on 29.04.2006 in Sessions Case No. 311 of 2002.

2. The case of the prosecution is that deceased Mangubhai Bhagabhai, real brother of respondent-accused No. 1 and uncle of respondent-accused Nos. 2 and 3, was attacked by all these accused and giving stick blows on the head and various parts of the body and the said scuffle took place on account of fetching water from the water pump. The incident said to have occurred on 21.10.1999 at village Gorgam of Valsad Taluka. The incident has further narrated the circumstance that wife of the deceased Baviben also sustained serious injuries on account of the said attack executed by respondents-accused. This incident in question has been reported to Valsad Rural Police Station in the form of First Information Report being C.R. No. I-227/1999, lodged by the son of the deceased Deepakbhai. The First Information Report came to be registered for the offences punishable under Sections 322, 325, 504 and 114 of Indian Penal Code as well as Section 135 of Bombay Police Act. During the course of investigation, the deceased Mangubhai Bhagabhai succumb to the injury and died on 26.10.1999. Resultantly the charge of Section 302 read with Section 114 of the I.P.C. came to be added. After investigation of the incident in question, the Investigating Officer has submitted the charge-sheet before the learned Magistrate, 1st Class, Valsad and since the case was triable by learned Sessions Judge in exercise of power under Section 209 of the Cr.P.C., the case was committed to the Sessions Court and it was registered as Sessions Case No. 311 of 2002 in the Court of learned Sessions Judge, Valsad.

2.1 The said case was put up for adjudication and the plea was recorded of the respondents accused persons, but since they have denied the offence being committed, the charge came to be framed on 04th October, 2004 for the offences punishable under Sections 302, 325, 323, 504 read with Section 114 of the Indian Penal Code vide Exhibit-16. After framing of the charge to prove the case, the prosecution has led the evidence in the form of oral as well as documentary evidence in the following manner:-

Sr. No.	P.W. No.	Name of Witness	Exhibit No.
1	1	Naniben Bhikubhai (Daughter of deceased and eye witness)	24
2	2	Baviben Mangubhai (Wife of deceased and eye witness)	26
3	3	Deepakbhai Mangubhai (Son of deceased and complainant)	27
4	4	Nathubhai Pursotambhai Patel (Panch witness)	28
5	5	Champakbhai Mangubhai Dheemar (Panch witness)	31
6	6	Harishbhai Maganbhai (Panch witness)	32
7	7	Dr. Bharat Narendra Joshi (Medical Officer)	37
8	8	Mohanbhai Raghubhai (P.S.O. who take the complaint of the complainant)	39
9	9	Sumanbhai Ravjibhai (Investigating Officer)	42
10	10	Jethalal Trivuanbhai Patel (Investigating Officer)	44
11	11	Dr. Vinayakrao Vasudevrao Patil (Medical Officer)	52

LIST OF DOCUMENTS:

Sr. No.	Exhibit No.	Description
1	41	Date of complainant 21.10.99.
2	43	Panchnama of place of offence.
3	45	Panchnama of body of accused.
4	33	Inquest Panchnama.
5	29	Panchnama of clothes of dead body.
6	46	Panchnama of body of accused & Panchnama of recovery of Muddamal.
7	30	Arrest panchnama of accused.
8	38	Medical Certificate of Baviben.
9	54	Medical Certificate in respect of death of Mangubhai.Postmortem Note.
10	55	Description

2.2 After leading the evidence in the aforesaid manner, the prosecution has given a closure pursis and thereafter with a view to give an opportunity the further statement was recorded of the respondents accused under Section 313