JUDGMENT

R.C. Lahoti, J.-Eight accused persons were charged for having committed offences under Sections 147, 148, 302/34/149, 307/34/149, 302/307/109, 325/ 325/34, 324 and 324/34 of the Indian Penal Code. The Trial Court acquitted accused nos.3, 4, 6, 7 and 8 of all the offences charged and set them at liberty. Accused nos. 1, 2 and 5 were held guilty on different counts as will be stated shortly hereinafterwards and convicted and sentenced. They preferred an appeal before the High Court of Gujarat which was heard by a Division Bench. By the impugned judgment dated 14.12.1983 the appeal has been allowed and all the three accused-res pendents have been acquitted. The complainant, Takhaji Hiraji who had lodged the first information report of the incident and was himself an injured person has preferred this appeal by special leave putting in issue the acquittal of accused nos. 1, 2 and 5. Later on the State has also filed an appeal by special leave. Both the appeals have been heard together.

2. A small village Dugrasan, Taluka Shihori in the State of Gujarat witnessed a joyful evening of 23rd March, 1980 being converted into a horrific tale of crime where violence was let loose