S.L.TALATI - (1.)The facts which gave rise to these two appeals may be briefly stated as under. An incident occurred in Kumbharwada circle in the city of Bhavnagar on 24th July 19/9 at about 12-30 P. M. and in that incident one Alarakha Valimohmed expired and P. W. 1 Rahimaben Suleman (Ex. 19 P. W. 2 Hanifa Alarakha (Ex. 20) and P. W. 3 Rehmatben Alarakha (Ex. 21) received injuries. The prosecution case was that on the previous date of the incident some altercation regarding money transaction had taken place between deceased and accused No. 2. Deceased Alarakha was residing in Kumbharvada circle with his wife Hanifa daughter Rehmatben and wifes cousin sister Sharifaben. It also appears that Rahimbu wife of Suleman Valimohmed is the sister of Sharifaben and she was married to younger brother of the deceased. According to the prosecution case at the time of the incident accused No. 1 accused No. 2 and accused No. 4 were armed with knives and the rest of the accused were armed with sticks. Goswami P. W. I (P. W. 16) at the relevant time was serving in Bhavnagar. He received Station diary entry which Police Station Officer Kathadbhai Naranbhai had made and on the basis of that information Goswami (Ex.47) went to the hospital and recorded the complaint of Rahimaben. Offence was registered and investigation was started. Inquest panchnama on the dead body of Allarakha was prepared and thereafter statements of Hanifa Sharifa and Rahima were recorded. Panchnamas in regard to the bodily conditions of Rahimaben Hanifaben and Rehmatben were made and bloodstained clothes were attached. Thereafter panchnama of the scene of offence was prepared and blood stained earth was attached. At that particular point of time accused Nos. 1 3 4 and 5 came to the Police Station and they were arrested after preparing arrest panchnama. Accused No. 6 was thereafter arrested and accused No. 2 was arrested from the hospital. Accused No. 4 had injuries on his head and therefore he was sent for treatment to the hospital. The accused were sent to judicial custody. Ultimately after completing the investigation on 5th October 1979; charge sge sheet was submitted against all the accused persons in the Court of the Judicial Magistrate Bhavnagar. In due course the case came to be committed to the Court of Sessions. All the accused were charged for offences punishable under secs. 147 148 149 323 324 326 and 302 of the Indian Penal Code.
(2.)Ultimately at the trial the prosecution examined 16 witnesses.
(3.)All the accused denied the guilt and accused No. 2 filed the written statement Ex 50. In that written statement he stated that he along with one Kasam Jafar were going towards Kumbharvada circle from railway crossing side and they reached near one Sindhi shop. At that place Alarakha Valimohmed Ahmed Suleman Rafiq Suleman Rahimaben Suleman Hanifa Alarakha Rehmat Alarakha and Sharifa Ebrahim were standing there. They were all armed and all those persons surrounded them for beating them. According to accused No. 2 Rafiq gave a blow to Kasam Jafar and he ran away. Thereafter Alarakha Valimohmed gave an axe blow on his head and Ahmed Suleman gave a dharia blow and Rafiq gave a knife blow. He also tried to run away but he tried to catch him and therefore he took out a knife from his pocket and whirled it whirling that knife he ran away