JUDGMENT : K.S. Jhaveri, J. 1. Mr. Mehul Sharad Shah, learned counsel for the appellants-accused has submitted that the appellants of Criminal Appeal No. 501 of 2005 i.e. appellant No. 2 (original accused No. 41) - Chaudhary Jayantibhai Revabhai, appellant No. 5 (original accused No. 48) - Chaudhary Maganbhai Khodabhai, appellant No. 9 (original accused No. 55) - Chaudhary Sagrambhai Vaghjibhai, appellant No. 10 (original accused No. 56) - Chaudhary Kalubhai Devjibhai, appellant No. 11 (original accused No. 57) - Chaudhary Vahajibhai Bhathibhai and appellant No. 16 (original accused No. 68) - Chaudhary Ishwarbhai Pratapbhai have expired and has produced the death certificate on the record of the case. The same are ordered to be taken on record. The appeal qua against them stand abated. 2. This appeal is filed against the judgment and order dated 22.02.2005 passed by the learned Sessions Judge, Mahesana in Sessions Case No. 222 of 1997, Sessions Case No. 08 of 2004 and Sessions Case No. 115 of 2004 whereby the appellant-original accused No. 5 of Sessions Case No. 222 of 1997 - Chaudhary Ishwarbhai Shamjibhai has been convicted for the offence punishable under Section 302 of Indian Penal Code and has been sentenced to undergo imprisonment for life with fine of Rs. 10,000/- and in default and to undergo simple imprisonment for the period of two years. The learned Sessions Judge has convicted the original accused No. 1 - Chaudhary Navinbhai Abherajbhai, accused No. 2 - Chaudhary Jayantibhai Revabhai, accused No. 3 - Chaudhary Hirabhai Abherajbhai, accused No. 4 - Chaudhary Nanjibhai Narsangbhai, accused No. 5 - Chaudhary Maganbhai Khodabhai, accused No. 6 - Chaudhary Arvindbhai Abherajbhai, accused No. 7 - Chaudhary Joitabhai Veljibhai, accused No. 8 - Chaudhary Jagdishbhai Haribhai, accused No. 9 - Chaudhary Sagrambhai Vaghjibhai, accused No. 10 - Chaudhary Kalubhai Devjibhai, accused No. 11 - Chaudhary Vahjibhai Bhathibhai, accused No. 12 - Chaudhary Babubhai Hirabhai, accused No. 13 - Chaudhary Dahyabhai Keshabhai, accused No. 14 - Chaudhary Ambaram Bababhai, accused No. 15 - Chaudhary Govindbhai Vahjibhai, accused No. 16 - Chaudhary Ishwarbhai Pratapbhai and accused No. 17 - Chaudhary Sagrambhai Mansangbhai for the offence punishable under Section 147 of the Indian Penal Code and have been sentenced to undergo rigorous imprisonment for the period of two months with fine of Rs. 5,000/-, and in default to undergo simple imprisonment for the period of 15 days. 5,000/-, and in default to undergo simple imprisonment for the period of 15 days. They have also been convicted for the offence punishable under Section 148 of the Indian Penal Code and have been sentenced to undergo rigorous imprisonment for the period of two months with fine of Rs. 5,000/-, and in default to undergo simple imprisonment for the period of 15 days. The learned Sessions Judge has acquitted the other accused persons except accused No. 5 - Chaudhary Ishwarbhai Shamjibhai for the offence punishable under Section 302 read with Section 34 and 114 of the Indian Penal Code and also acquitted them for the charges levelled against them for the offences punishable under Sections 336, 337, 396, 427, 429, 435, 436, 449, 450, 504 and 506(2) of the Indian Penal Code by giving the benefit of doubt and also giving the benefit of set off. 3. It is the case of the prosecution that in the year 1997 Village Kukas, District Mehsana was affected with unabated rain furry and flood, while disbursement of financial assistance in the form of cash in presence of Government officers, a quarrel took place and a mob of about 500 to 700 people committed the offences and also destroyed the properties and several persons were injured. It is the case of the prosecution that, when the process of disbursing of cash was going on, at that time at about 2:00 p.m. on 29.6.1997 in Village Kukas, District Mehsana, the accused Chaudhary Babubhai Ramsangbhai abused the complainant and his companions and therefore the deceased Pathan Badarkhan Umedkhan, Pathan Umarkhan Chandkhan and Pathan Mahmadbhai Jamalbhai etc. returned their houses. 3.1 It is the case of the prosecution that, when the complainant as well as deceased persons returned to their house, the accused persons who were inhabitants of the locality constituted an unlawful assembly and attacked the complainant as well as the deceased persons duly armed with deadly weapons like spear, sword, iron rods, sticks, dhariya etc. Thereafter the mob entered to the house of Umedkhan, set on fire to the house and caused damage to the properties and also burnt the house of Pathan Akbarkhan Umedkhan. Thereafter the cabin of Pathan Mirzakhan Pirubhai and the house of Gulabbhai Pirubhai were also set on fire, and in all 15 houses belonging to the witnesses and the complainant were caused damaged. Thereafter the cabin of Pathan Mirzakhan Pirubhai and the house of Gulabbhai Pirubhai were also set on fire, and in all 15 houses belonging to the witnesses and the complainant were caused damaged. 3.2 It is the further case of the prosecution that Badarkhan Umedkhan was dead out of the house and he was assassinated in front of his house. Thereafter Pathan Umarkhan Chandkhan was also caused severe injuries by dhariya, stick and spear and he was murdered. It is also the case of the prosecution that the mob has also caused the murder of Pathan Mahmadkhan Jamalkhan and caused damage to the properties. The accused Babubhai Ramsangbhai has caused injuries to Badarkhan by dhariya, accused Prajapati Shivrambhai Lallubhai has also caused injuries to Badarkhan by sharp cutting instrument and the accused Chaudhary Jayantibhai @ Jokham Shankarbhai also caused injuries to Badarkhan by dhariya. It is further case of the prosecution that Chaudhary Ishwarbhai Shamjibhai has used Farsi while causing the injuries to the injured persons. Thereafter the complainant filed complaint against the accused for the aforesaid offences punishable under the Indian Penal Code. It is also the case of the prosecution that thereafter the police arrived and apprehended 30 to 35 persons from the mob while causing injuries and 15 to 17 persons were injured they also escaped from the place of incident and they were also admitted to the civil hospital for treatment. 3.3 It is the further case of the prosecution that after having received the FIR, the Investigating Officer Rasikbhai Virjibhai Nandasana - Exh. 257 has rushed to the place of incident along with other police officers. Thereafter he reduced the FIR in writing and the same was forwarded it to the PSO, Mehsana for getting the regular case registered along with report Exh. 258. Thereafter Inquest Panchnama of deceased Pathan Badarkhan Umedkhan, Pathan Umarkhan Chandkhan and Pathan Mahmadbhai Jamalbhai were conduced at Exh. 263 and 264. Thereafter the dead bodies of all the three persons were forwarded to the Medical Officer for conducting the postmortem. It is also the case of the prosecution that the other police officers also reached at the place of incident and arrested in all 35 persons duly armed with deadly weapons from the place of incident, were produced and arrested by the Investigating Agency. Thereafter the weapons which were armed with the accused persons were seized by the Investigating Officer. It is also the case of the prosecution that the other police officers also reached at the place of incident and arrested in all 35 persons duly armed with deadly weapons from the place of incident, were produced and arrested by the Investigating Agency. Thereafter the weapons which were armed with the accused persons were seized by the Investigating Officer. The Investigating Officer had collected the blood stained dust and control dust from the place of incident where the dead body of three persons were lying. It is also the case of the prosecution that the incriminating articles collected during the course of investigation were forwarded to the Forensic Science Laboratory with a view to find out the similarity of group of blood appeared on the clothes of the deceased persons as well as on the instruments of offence, which were seized during the course of investigation. It is also the case of the prosecution that the report from the FSL along with serological report has been received by the Investigating Officer, which is placed on record at Exh. 268 and 269 wherein the instrument of Farsi which is marked as "M", pent which is marked as "N:, shirt which is marked as "O" belonging to the deceased Umarkhan Chandkhan Pathan are found to have similar group that too, which is find on the instrument of offence, which was found with the accused Ishwarbhai Shamjibhai resident of Kukas. Thereafter the Investigating Officer has submitted three chargesheets. 3.4 It is the further case of the prosecution that the first report under Section 173 of Criminal Procedure Code came to be submitted against 92 persons whereas the second chargesheet came to be submitted against 7 persons and the third chargesheet came to be submitted against Jayantibhai Shankarbhai. Thereafter since all the chargesheets i.e. report under Section 173 of Cr.P.C. are arising out of one FIR, all the chargesheets have been amalgamated. Thereafter all the accused persons were tried together and the evidence has been recorded in Sessions Case No. 222 of 1997. Thereafter the Investigating Agency has submitted the report under Section 173 of Cr.P.C. against all the accused persons with the proposal to try them for the offences punishable under Sections 147, 148, 396, 302 read with Section34 and in alternate Section 149. Thereafter the Investigating Agency has submitted the report under Section 173 of Cr.P.C. against all the accused persons with the proposal to try them for the offences punishable under Sections 147, 148, 396, 302 read with Section34 and in alternate Section 149. They have been charged for the punishable under Sections 323, 325,326 read with Section 34 and in alternate Section 149 of Indian Penal Code. They have been further charged for the offence punishable under Sections 336, 337, 427, 429, 435, 436, 449, 450, 504 and506(2) of the Indian Penal Code. Thereafter necessary investigation was carried out and the statements of witnesses were recorded. At the end of investigation, three chargesheets were filed against the accused before the trial Court. However, being a sessions triable offence, the case was committed to Sessions Court and trial was initiated. The accused persons pleaded not guilty and claimed for trial and therefore the prosecution is asked to produce the oral as well as documentary evidence in order to substantiate the charge against the accused persons. 3.5 To prove the case against the appellants-accused, the prosecution has examined the following witnesses. P.W. - 1 Dr. Amrutbhai Patel – Doctor Exh. 179 P.W. - 2 Dr. Bhagvanbhai Modi – Doctor Exh. 182 P.W. - 3 Dr. Amrutpuri Ganpatpuri – Doctor Exh. 189 P.W. - 4 Dr. Kantilal Babaldas – Doctor Exh. 191 P.W. - 5 Dr. Nimesh Ramanlal Shah – Doctor Exh. 194 P.W. - 6 Fakir Mahmad Jivankhan – Complainant Exh. 213 P.W. - 7 Mustufabhai Nathekhan – Injured. Exh. 215 P.W. - 8 Hussainkhan Umedkhan – Injured. Exh. 216 P.W. - 9 Jivaben Abdulbhai – Injured. Exh. 217 P.W. - 10 Hanifbhai Amirbhai Kureshi – injured. Exh. 218 P.W. - 11 Abdulbhai Umedkhan – Witness Exh. 219 P.W. - 12 Bhikhan Rahemukhan – Witness Exh. 220 P.W. - 13 Imambhai Jamalbhai – Injured. Exh. 221 P.W. - 14 Akbarkhan Kesharkhan – Injured. Exh. 222 P.W. - 15 Mahmadbhai Natthekhan – Injured. Exh. 223 P.W. - 16 Hayatkhan Badarbhai – Injured. Exh. 224 P.W. - 17 Mirkhan Pirubhai – Injured. Exh. 225 P.W. - 18 Akbarkhan Jivamiya – Injured. Exh. 226 P.W. - 19 Dr. Amrutbhai Ambalal – Doctor Exh. 228 P.W. - 20 Rustkhan Fulkhan – Witness Exh. 230 P.W. - 21 Salimbhai Ahmedbhai – Injured. Exh. 231 P.W. - 22 Ismailkhan Umarkhan – Witness Exh. Exh. 224 P.W. - 17 Mirkhan Pirubhai – Injured. Exh. 225 P.W. - 18 Akbarkhan Jivamiya – Injured. Exh. 226 P.W. - 19 Dr. Amrutbhai Ambalal – Doctor Exh. 228 P.W. - 20 Rustkhan Fulkhan – Witness Exh. 230 P.W. - 21 Salimbhai Ahmedbhai – Injured. Exh. 231 P.W. - 22 Ismailkhan Umarkhan – Witness Exh. 232 P.W. - 23 Zarinaben Ashrafkhan – Injured. Exh. 233 P.W. - 24 Dildarahmed Inayathusain – Panch Witness Exh. 234 P.W. - 25 Daudkhan Mahmadkhan Pathan – Panch Witness Exh. 236 P.W. – 26 Kadarbhai Usmanbhai – Panch Witness Exh. 237 P.W. - 27 Kalpeshbhai Vasantlal Bhavesar – Panch Witness Exh. 240 P.W. - 28 Ganibhai Rahemanbhai – Panch Witness Exh. 242 P.W. - 29 Iqbalbhai Ibrahimbhai – Panch Witness Exh. 245 P.W. - 30 Mahebubbhai shakurbhai – Panch Witness Exh. 248 P.W. - 31 Abdulbhai Fakir Mahmad – Panch Witness Exh. 250 P.W. - 32 Rameshbhai Jivrambhai – Panch Witness Exh. 253 P.W. - 33 Rameshbhai Mohanlal Barot – Accountant Exh. 255 P.W. - 34 Karshanbhai Haribhai Chaudhary – Sarpanh. Exh. 256 P.W. - 35 Raikbhai Virjibhai Makwant – P.S.I Exh. 257 P.W. - 36 UdaybhansingChandrabhansing – P.I. Exh. 272 P.W. - 37 Akbarkhan Kamalkhan Ghasura – P.S.I Exh. 276 P.W. - 38 Naranji Mohanji Thakor – P.S.I. Exh. 277 P.W. - 39 Kanjibhai Mohanbhai Desai – Investigating Officer Exh. 279 P.W. - 40 Ramjibhai Prabhidas Chaudhary –P.S.I. Exh. 282 P.W. - 41 Yanusbhai Ibrahimbhai – Panch Witness Exh. 283 P.W. - 42 Babubhai Lallubhai – Panch Witness Exh. 284 P.W. - 43 Pravinbhai Mohanbhai – Panch Witness Exh. 286 P.W. - 44 Arvindbhai Sendhabhai – Panch Witness Exh. 286 P.W. - 45 Ramsangji Rupsangji – Panch Witness Exh. 290 3.6 The prosecution has produced the following documentary evidence. 1 Postmortem Note of Badarkham Umedkhan Pathan Exh. 180 2 Certificate of Paotmortem Note of Badarkhan Umedkhan Pathan Exh. 181 3 Postmortem Note of Umarkhan  Chandkhan Pathan Exh. 183 4 Certificate of Postmorem Note of Umarkhan Chandkhan Pathan Exh. 184 5 Certificate of Medaben Basitkhan Pathan Exh. 185 6 Certificate of Zarinaben Asrafkhan Pathan Exh. 186 7 VErtificate of Jivaben Abdulbhai Pathan Exh. 187 8 Postmortem Note of Goat. Exh. 190 9 Postmortem Note of Mahmadbhai Jamalbhai Pathan Exh. 192 10 Certificate of Postmortem Note of Mahamadbhai Jamalbhai Pathan Exh. 193 11 Certificate of Akabrmiya Jivamiya Exh. 184 5 Certificate of Medaben Basitkhan Pathan Exh. 185 6 Certificate of Zarinaben Asrafkhan Pathan Exh. 186 7 VErtificate of Jivaben Abdulbhai Pathan Exh. 187 8 Postmortem Note of Goat. Exh. 190 9 Postmortem Note of Mahmadbhai Jamalbhai Pathan Exh. 192 10 Certificate of Postmortem Note of Mahamadbhai Jamalbhai Pathan Exh. 193 11 Certificate of Akabrmiya Jivamiya Exh. 195 12 X-Ray Plate of Akbarmiya Jivamiya Exh. 196 13 Injury Certificate of Imambhai Jamalbhai Exh. 197 14 X-Ray Plate of Imanbhai Jamalbhai Exh. 198 15 Injury Certificate of Mustufakhan Nattekhan Pathan Exh. 199 16 X-Ray Plate of Mustufakha Nettekhan Pathan Exh. 200 17 Injury Certificate of Muhmadkhan Badarbhai Kureshi Exh. 201 18 X-Ray Plate of Mahmadkhan Badarbhai Kureshi Exh. 202 19 Injury Certificate of Akbarkhan Kesharkhan Sipai Exh. 203 20 X-Ray Plate of Hanifbhai Nathubhai Kureshi Exh. 204 21 Injury Certificate of Sugaraben Kalekhan Pathan Exh. 205 22 Injury Certificate of Husainkhan Umedkhan Pathan Exh. 206 23 Injury Certificate of Salimkhan Ahmedkhan Pathan Exh. 207 24 Injury Certificate of Hayatkhan Nattekhan Pathan Exh. 208 25 Injury Certificate of Sorabkhan Kesarkhan Pathan Exh. 209 26 X-Ray Plate of Sorabkhan Kesarkhan Pathan Exh. 210 27 Injury Certificate of Ishwarbhai Shankarbhai Chaudhary Exh. 211 28 Complaint. Exh. 214 29 Injury Certificate of Nasimkhan Imamkhan Pathan Exh. 229 30 Panchnama of the place of incident Exh. 235 31 Panchnama of the body of accused persons Exh. 238 32 Panchnama of the deadly weapons produced by the accused Exh. 239 33 Panchnama of the deadly weapons produced by the accused Exh. 241 34 Panchnama of the deadly weapons produced by the accused Exh. 243 35 Panchnama of the deadly weapons produced by the accused Exh. 244 36 Panchnama of the Scooter. Exh. 246 37 Panchnama of the deadly weapons produced by the accused Exh. 247 38 Panchnama of the deadly weapons produced by the accused Exh. 249 39 Panchnama of the body of accused persons. Exh. 251 40 Panchnama of the body of accused and deadly weapons. Exh. 252 41 Panchnama of the deadly weapons produced by the accused Exh. 254 42 Depute Order Exh. 258 43 Panchnama of the deadly weapons produced by the accused Exh. 259 44 Panchnama of the deadly weapons produced by the accused Exh. 260 45 Panchnama of the deadly weapons produced by the accused Exh. 261 46 Panchnama of the deadly weapons produced by the accused Exh. 254 42 Depute Order Exh. 258 43 Panchnama of the deadly weapons produced by the accused Exh. 259 44 Panchnama of the deadly weapons produced by the accused Exh. 260 45 Panchnama of the deadly weapons produced by the accused Exh. 261 46 Panchnama of the deadly weapons produced by the accused Exh. 262 47 Inquest Panchnama of the dead body of pathan Umarkhan Chandkhan Exh. 263 48 Inquest Panchnama of the dead body of Badarkhan Exh. 264 49 Receipt of F.S.L. Exh. 265 50 Dispatch Note Exh. 266 51 Letter of F.S.L. Exh. 267 52 Report of the F.S.L. Exh. 268 53 Report of the F.S.L. Exh. 269 54 Panchnama of the Clothes of the deceased. Exh. 270 55 Report of the arrest of the accused along with weapons from the place of incident. Exh. 276 to 275 & 278 56 Injury Certificate of Ishwarbhai Shankarbhai Exh. 280 57 Injury Certificate of Gulbhai Jamalbhai Exh. 281 58 Panchnama of the deadly weapons produced by the accused. Exh. 285 59 Panchnama of the body of accused persons. Exh. 287 60 Panchnama of the deadly weapons produced by tha accused Exh. 289 61 Panchnama of the deadly weapons produced by the accused. Exh. 291 4. At the end of trial, the Court below recorded further statement of accused under Section 313 of Cr.P.C. and thereafter, passed the impugned judgment and order, which has led to the filing of the present appeals. 5. Mr. Mehul S. Shah, learned counsel for the appellants-accused has contended that there is serious infirmities in the evidence of the prosecution and the trial court has committed a serious error inasmuch as there is no eye-witness to the offence in question. It is also contended that there is no direct evidence to identify the accused and no T.I. Parade was conducted. It is further contended that the case is based on circumstantial evidence and the prosecution has miserably failed to prove the case against the accused. It is also contended that there is no direct evidence to identify the accused and no T.I. Parade was conducted. It is further contended that the case is based on circumstantial evidence and the prosecution has miserably failed to prove the case against the accused. It is further contended that the appellant - accused Ishwarbhai Shamjibhai Chaudhary was convicted on the ground that the group of blood found on the weapon Farsi alleged to have been possessed by the appellant was of the same blood group of deceased Umarkhan Chandkhan Pathan and therefore there is no substantive piece of evidence and there is no eye-witness who has stated that the appellant was present at the time of incident or he has used the weapon and therefore no presumption can be drawn under Section 114 of the Evidence Act to record conviction under Section302 of Indian Penal Code. It is also contended that the blood which was found from the scene of offence and the blood which was found from the clothes of the accused were different and therefore there is serious discrepancies in the said evidence. It is also contended that the dispute is amicably settled between the parties and the majority of the witnesses have turned hostile and therefore the benefit of doubt should be given to the accused. It is also contended that there is no iota of evidence against the appellant and that the prosecution case is based upon circumstantial evidence and therefore the prosecution has failed to establish the chain of circumstances leading to the guilt of appellant. He, therefore, submitted that the appellants-accused should be exonerated from the charges levelled against them by granting the benefit of doubt. 6. Mr. Mitesh Amin, learned Public Prosecutor has supported the impugned judgment and order and submitted that the Court below has appreciated the evidence on record in its proper perspective and has rightly convicted the accused for the crime in question. He further submitted that it is true that the conviction under Section 302 of IPC is difficult but the other evidence which were recovered from the accused are sufficient to prove the guilt against the accused and therefore the offence at least under Section 326 can be made out against the accused. He further submitted that it is true that the conviction under Section 302 of IPC is difficult but the other evidence which were recovered from the accused are sufficient to prove the guilt against the accused and therefore the offence at least under Section 326 can be made out against the accused. It is submitted that the other documentary evidence, medical evidence, post-mortem report and FSL report clearly supports the case of the prosecution and therefore he submitted that the present appeal deserves to be dismissed. 7. We have heard learned counsel for both the sides and perused the documents on record. It is a matter of fact that there is no direct evidence available to connect any of the accused with the offence in question. The trial court has miserably failed to appreciate the evidence on record while convicting the accused for the offence in question. The trial court has not properly relied upon the substantive piece of evidence but has passed the conviction merely relying upon the corroborative piece of evidence. It is also required to be noted that the majority of the witnesses have turned hostile. However it is true that some evidence is sufficient and the conviction can be upheld provided that if there is any direct evidence or the circumstances which is going against the accused. But in the present case, there is no eye-witness to the offence in question, and further the peace is prevailing since 1997, and apart from that, there is no piece of evidence which is directly connect the appellants-accused with the crime in question. In that view of the matter, the trial court has committed serious error in convicting the appellants-accused for the aforesaid offences in question. It is also required to be noted that the entire prosecution case is based upon circumstantial evidence. In above view of the matter, we find that the Court below has committed serious error in law and on facts in convicting the appellants-accused for the crime in question. In our opinion, considering the serious discrepancies in the prosecution case, the benefit of doubt deserves to be given to the appellants-accused by acquitting them of all the charges framed against them. 8. In the result, both the appeals are allowed. In our opinion, considering the serious discrepancies in the prosecution case, the benefit of doubt deserves to be given to the appellants-accused by acquitting them of all the charges framed against them. 8. In the result, both the appeals are allowed. The impugned judgment and order dated 22.02.2005 passed by the learned Sessions Judge, Mahesana in Sessions Case No. 222 of 1997, Sessions Case No. 08 of 2004 and Sessions Case No. 115 of 2004 are quashed and set aside. The appellants- original accused are acquitted of all the charges framed against them. The appeal i.e. Criminal Appeal No. 501 of 2005 qua appellant No. 2 (original accused No. 41) - Chaudhary Jayantibhai Revabhai, appellant No. 5 (original accused No. 48) - Chaudhary Maganbhai Khodabhai, appellant No. 9 (original accused No. 55) - Chaudhary Sagrambhai Vaghjibhai, appellant No. 10 (original accused No. 56) - Chaudhary Kalubhai Devjibhai, appellant No. 11 (original accused No. 57) - Chaudhary Vahajibhai Bhathibhai and appellant No. 16 (original accused No. 68) - Chaudhary Ishwarbhai Pratapbhai have expired and therefore the appeal qua against them stand abated. The appellants are on bail, and therefore, their bail bonds stand cancelled. Records & proceedings, if lying here, be sent to the Court below forthwith.