JUDGMENT :

A.C. RAO, J.

1. The present Criminal Appeal arises out of the judgment and order dated 29.01.1994 passed in Sessions Case No.125 of 1992 whereby the learned Additional Sessions Judge, Gondal acquitted all the accused of the offences punishable under Sections 302 read with Section 149, 307 read with Sections 149, 143, 148 and 504 of the Indian Penal Code as well as Section 135 of the Bombay Police Act.

2. The prosecution case, in nut shell, is as under :

2.1 On 16.04.1992, during 9:45 to 10:00, the deceased Banesing along with his brother Pravinsinh and Narvirsinh were working at the field situated at Sim of Village Bhimora. The accused – respondents herein were grazing their cattle near the field of the deceased Banesing. At one point of time, cattle of the accused entered into the field of deceased, and when the deceased and his brothers were trying to get the cattle out of the field, quarrel took place with the accused. During the scuffle, accused Natha Maka pelted stones at the head of deceased Banesing and accused Naran Sanga inflicted stick blow on the head of deceased Banesing. When Pravinsinh – brother of the deceased intervened to save the deceased, accused Amra Sama