ORAL JUDGMENT

(PER : HONOURABLE MR. JUSTICE RAJENDRA M. SAREEN)

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 30/05/1996 passed by the learned Additional Sessions Judge, Ahmedabad Rural in Sessions Case No.183 of 1995 acquitting the respondent Nos.1 to 4 – original accused Nos.1 to 4 from the offence punishable under sections 302, 323, 324, 352 and 34 of Indian Penal Code and under section 135 of Bombay Police Act .

It is pertinent to note that at the time of admission of the present appeal, the Co-ordinate Bench of this Court dismissed the appeal qua respondent Nos.2 to 4 and admitted the present appeal qua respondent No.1 only, vide order dated 27/11/1996. Hence, we are concerned with the respondent No.1 – original accused No.1 only in the present appeal.

2. Facts of the case, in brief, are as under:-

The complainant Manuji Valaji Thakore lodged the complaint alleging that on the day of the incident, he along with his elder brother Dolaji and Sonaji had gone in the agricultural field of one Labhshankar Trivedi for agricultural labour work and Dolaji had gon