JUDGMENT :

A.Y. KOGJE, J.

1. The present appeal preferred by the appellant-State is against the judgment and order dated 31.08.1994 by the Additional Sessions Judge, Bhavnagar recording acquittal of 13 accused persons, who were charged for the offence under Section 302, 147, 148, 149, 323, 324 and 325 of the Indian Penal Code and Section 135 of the Bombay Police Act in Sessions Case No. 121 of 1993.

2. The State has preferred an appeal against all the 13 accused persons acquitted, however, by order dated 01.05.1996, this Court admitted the appeal only qua respondent nos. 1, 2. 5, 6 and 7, whereas remaining respondents-accused viz. accused no. 3, 4, 8, 9, 10, 11, 12 and 13, the appeal came to be dismissed.

3. It is reported that pending the appeal, the respondent nos. 5 and 7 have expired and therefore, qua these two accused i.e. accused no. 5-Panchabhai Jivabhai Aalgotar and accused no. 7-Natha Jivabhai Aalgotar, the appeal stands abated. Therefore, effectively, the present appeal is against the accused no. 1-Haribhai Ratnabhai Aalgotar, accused no. 2-Bhopabhai Ratnabhai Aalgotar and accused no. 6-Rajabhai Jivabhai Aalgotar.

4. It was the case of prosecution that on account of alleged i