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