JUDGMENT :

Hemant M. Prachchhak, J.

1. Feeling aggrieved by and dissatisfied with the judgment and order of acquittal dated 04.05.1996 passed by the learned Additional Sessions Judge, Surat in Sessions Case No.82 of 1993, whereby the accused – respondents herein viz. Mohanbhai Dhanjibhai Patel, Arvindbhai Mohanbhai Patel, Vithalbhai Dhanjibhai Patel, Pragjibhai Odhavjibhai Patel, Ashokbhai Jivanbhai Patel and Kaba alias Kurjibhai Dhanjibhai Patel came to be acquitted from the charge of the offences punishable under Sections 302, 201, 342 read with Section 120B of the IPC, the appellant – State of Gujarat has preferred present criminal appeal u/s 378 of the Code of Criminal Procedure, 1973 (for short “the Code”).

2. At the outset, it may be noted that the respondent No.4 – Pragjibhai Odhavjibhai Patel, having expired pending the appeal, the appeal stood abated qua the said respondent No.4, as per the order passed by the Court.

3. The brief facts leading to the present appeal in nutshell are that, on 19-10-1992 Jivanbhai went to Bhavnaben at Maroli and did not return home till 25-10-1992 or his message was not received. Therefore, his brother Kurjibhai went to Maroli from Surat for inquiry and on inquiring, Jivanbhai was not found there and on asking deceased Bhavnaben, she did not give satisfactory reply. Therefore, Kurjibhai came back to Surat and he stated the fact to Ashok, the elder son of Jivanbhai's first wife. Thereafter, Kurjihai, Ashokbhai and his friends went to Maroli on the same night at that time, Bhavnaben was sleeping at neighbour's house, therefore, as Ashok asked her to sleep at her own house, she denied so, Kurjibhai and Ashokbhai and his friends Rameshbhai, etc. came taking her to Kohinoor society at Surat and Bhavnaben stayed at the house of Jivanbhai Dhanjibhai at Surat since she and she was kept. On 26/27-10- 1992 in the night Ashokbhai Jivanbhai happened to enter into altercation with Bhavnaben in regard to missing of his father Jivanbhai Dhanjibhai and keeping such doubt that she had committed murder of Jivanbhai Dhanjibhai, he went to his uncle Mohnabhai talked to him to get information at that time, Mohanbhai asked Ashokbhai to go to his another uncle Vitthalbhai Dhanjibhai and to state the fact so, Ashokbhai met Vitthalbhai Dhanjibhai and stated the fact. Then, Vitthalbhai Dhanjibhai decided to keep with Nanubhai Desai @ Nanu Custom, who is residing at Surat Athwalines area who believes Bhavnaben as sister, and to inquire about Bhavnaben therefore, Nanu Custom was called and as he came, keeping with Ashok Jivanbhai, Vitthalbhai Jivanbhai, Arvindbhai Mohanbhai, Kurjibhai Dhanjibhai, Pragjibhai Oghavjibhai and Kangarbapu inquired Bhavnaben pressurizing and brought out such fact that Jivanbhai's murder has been committed and his dead body has been buried in the compound of Bhavnaben's bungalow. As such fact came out, As this fact was revealed, some of the relatives of Jivanbhai went to Maroli and Bhavnaben was kept at the bungalow of Jivanbhai situated at Kohinoor Society, Surat. Thereafter, at 19-30 hours, information was received that, Bhavnaben was found hanging by a rope tied to a fan in the kitchen of the building where she was kept. Bhavnaben could have not reach the fan and the hook of the fan fitted here at this place, in the ceiling of the kitchen. Moreover, the chair on which it was pretended that, Bhavnaben stood and hung herself by tying the rope in her neck, was sleeping away even after the deceased was hanged on the same. That means, the feet of the dead body of the deceased were not touching the chair. Seeing this situation, as suspicion was arose, as to whether the deceased really committed suicide or not, as it came to know that, the death of deceased was unnatural, P.M. of the dead body was carried out. As per the opinion of the Doctor, the cause of death of was asphyxia due to manual compression of the neck followed by hanging. As seven ante-mortem injuries were found on the body of the de