JUDGMENT :

A.S. SUPEHIA, J.

1. The present appeal is directed against the judgment and order dated 27.04.1994 passed by learned Additional Sessions Judge, Amreli acquitting the accused, who were charged with the offence under Sections 148, 307 read with Sections 149, 326 read with Sections 149, 506(2) read with Section 149 of the Indian Penal Code, 1860 (IPC).

2. The State has presented this appeal challenging such acquittal. The appeal has abated so far as the accused nos.2 and 7 are concerned, as they have passed away.

3. The case of the prosecution, as per the charge at Exh.1, is that on 07.05.1989 at around 19 hours, the accused, who were eight in numbers having armed, (accused no.1 with axe, accused no.2 with spade, accused nos.3, 4 and 5 with sticks, accused no.6 with shovel, accused no.7 with iron pipe and accused no.8 with shovel), had assaulted the son of the complainant - Pravinsinh Laxmanbhai (PW-1). The trial Court, after examination of the documentary as well as oral evidence, has acquitted the aforesaid accused.

4. At the outset, learned Senior Advocates appearing for the respective parties have submitted that all of them have settled the dispute.

5. Learned advocate Mr.Har