The distinction between culpable homicide and murder is based on the accused's intention and knowledge, with the court affirming the trial court's finding of culpable homicide not amounting to murder.

JUDGMENT :

ILESH J. VORA, J.

1. Here is the Appeal by the State against the judgment and order of acquittal.

2. Being dissatisfied by the judgment and order passed by the learned Additional Sessions Judge, Nadiad, dated 30.6.1994 acquitting the respondents from the offence punishable under Sections 302 read with Section 34 of Indian Penal Code, State has preferred instant appeal under Section 378 of the Cr.P.C.

3. This Court has heard Mr. L.B. Dabhi, learned State Counsel, Mr. Mrudul Barot, learned counsel and Mr. Rasesh Parikh, for the respective parties.

4. The accused Raman Manibhai Solanki, respondent No. 1, has passed away. Hence, appeal against him stands abated.

5. Brief facts giving rise to file the present Appeal are that, accused and deceased Haribhai Maganbhai Solanki, were belongs to same family and have a family agricultural farm, possessed jointly, at Village: Hathipura, Taluka: Borsad, District Anand. The accused intent to obtain financial aid from the Bank against the said land. The deceased being a co-owner, refused to sign loan papers. The dispute arose between the parties on this aspect, as a result their relations were not cordial. On 7.6.1992, at about 18.00 p.m. the accused Raman Solanki, Pasabhai Solanki and Dariaben Solanki, went to the house of the deceased for obtaining consent to mortgage agricultural land and on denial by the deceased, the accused who were armed with spear, spade and wooden-logs, have caused the fatal injuries to the deceased. The witness Shantaben , PW-2, wife of the deceased, who was present at home, sustained injuries when she intervened to rescue her husband. It is the case of the prosecution that the accused No. 1 Raman Solanki caused injuries over both the legs of the deceased by using weapon Spear, whereas accused No. 2 Pasa Solanki gave a blow over the head of the deceased by shovel and accused Dariaben caused injuries by using a wooden-log to the deceased as well as witness Shantaben. During the said scuffle, the witness Maniben PW-3, was residing nearby the house of the deceased, rushed to the scene of the offence and claimed to be a witness to the incident. The deceased was taken to the Primary Health Centre where he succumbed to his injuries. The Anklav Police upon receiving the information, reached to the place of offence. The injured eye-witness PW-1 Shantaben, gave her complaint to the Police. Pursuant to the said complaint, the offence was being registered against the accused for the aforesaid offences. PW-9 R.J. Patil, PSI was entrusted investigation. The accused were arrested. The weapons used in the offence were seized and recovered. On completion of the investigation, the accused were charge-sheeted for the aforesaid offences. The Court of Judicial Magistrate, committed the case to the Court of Sessions and the same was culminated into Sessions Case No. 240 of 1992. The Additional Sessions Judge, Nadiad framed the charges against the accused on 4.5.1994 for the aforesaid offences.

In order to bring home the charges leveled against the accused, the prosecution examined following material witnesses namely:

6. The material documentary evidence proved and produced before the trial court will be referred at the appropriate stage.

7. After recording the evidence of prosecution witnesses was over, the trial court recorded the further statements of accused under Section 313 of Cr.P.C. The accused denied the evidence recorded by the prosecution and pleaded that they have been falsely impleaded because of family dispute. The deceased was killed by unknown persons and the witness Shantaben, wife of the deceased, was not at the home as she went to attend the marriage function in the village. The presence of Maniben was also denied.

8. The learned trial Cou