JUDGMENT :

RAJENDRA M. SAREEN, J.

1. Present Criminal Appeal has been preferred by the appellant-State of Gujarat under Section 378 of the Criminal Procedure Code, 1973 against the judgment and order dated 31.07.1996 passed by the learned Additional Sessions Judge, Sabarkantha at Himmatnagar in Sessions Case No. 101 of 1994 acquitting the respondent Nos. 1 to 5-original accused Nos. 1 to 5 from the offence punishable under sections 147, 148, 149, 451, 302, 504, 324 and 323 of Indian Penal Code.

It is pertinent to note that the appeal against the respondent Nos. 2 to 5-original accused Nos. 2 to 5 has been dismissed at the time of admission of the appeal vide order dated 13.12.1996. Hence, the present appeal is proceeded against the respondent No. 1-original accused No. 1.

2. The crux of the case of the prosecution is as under:

As per the complaint, the complainant is residing at Village Vadvasa and is doing agricultural operations. He has three sons. The elder is Prabhatsinh, middle Suryasinh and younger one is Balvantsinh. Prabhatsinh and Suryasinh are married and residing separately. Balvantsinh is residing with the complainant.

As per the complainant, in the evening of 12.09.1994 when