(1.) This appeal is directed against the judgment and order of acquittal dated 31.01.1994 passed by the learned Addl. Sessions Judge, Ahmedabad in Sessions Case No.17 of 1991 whereby, the respondents, original accused, were acquitted of all the charges framed against them.
(2.) The facts in brief giving rise to the filing of present appeal are as under; On 01.09.1989 when complainant as well as his father were going towards their field for agricultural purpose, all the accused persons formed an unlawful assembly with a view to kill rushed there. Accused No.1 gave scythe blow in the head as well as neck of complainant's father. Accused No.2 and 3 also gave such deadly blows to the complainant's father. At that time, complainant and his friends Aniruddhsinh and Vanrajsinh came to complainant's help, but, accused No.5 gave scythe blow to complainant's friend Aniruddhsinh in his right hand and accused No.4 gave scissor blow on the knee of the left leg of Vanrajsinh and they all fell down. By causing deadly injuries, all the accused ran away.
(3.) During the trial, the prosecution examined the following witnesses;
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