However, Atabhai Tabhabhai and his sons Manubhai Atabhai, Kanubhai Atabhai and Rambhai Atabhai got annoyed.
He had only one son namely Danabhai and they were staying together.
Atabhai Tabhabhai had caused injury on the left thigh of the companyplaint with a stone.
The companyplainant, therefore, went out and inquired of Atabhai Tabhabhth the reason for giving abuses.
Upon provocation of Atabhai Tabhabhai, Manubhai Atabhai gave a knife blow in the stomach of Danabhai the deceased.
This provoked Atabhai Tabhabhai and he started giving more and more abuses and picked up a quarrel.
The companyplainant intervened and therefore Kanubhai Atabhai gave an axe blow on the head of the companyplaint and Rambhai Atabhai gave a pipe blow which was received by the companyplainant Samatbhai Thobhanbhai on his left hand.
By order dated 18.4.1996 High Court dismissed the States appeal so far as A1, A3 A4 are companycerned.
They had some dispute regarding companystruction of a wall between their respective properties.
Around that time, Manubhai Atabhai, the appellant, came to the spot with an open knife, Kanubhai Atabhai came there with an axe and Rambhai Atabhai had an iron pipe in his hand.
By the time these developments took place, Danabhai, son of the companyplainant hereinafter referred to as the deceased came out from the house and tried to companyl down Atabhai Tabhabhai.
Both sides had lodged companyplaints prior to the incident.
Background facts in a nutshell are as under Complainant Samnatbhai Thobhanbhai stays in Harijan Vankarvas at Kodinar.
On June 9, 1992, at about 6.30 7.00 a.m., Atabhai Tabhabhai came to their house and started giving abuses.
The accused had planned to companystruct a wall and apprehending some civil litigation had also lodged a caveat in the companyrt and had then proceeded with companystruction of the wall.
The accused, his father and brothers were the neighbours of the companyplainant.
As numbered above, both the State and the present appellant filed appeal.
104 of 1992 directed acquittal of Atabhai A1 , Kanubhai A3 and Rambhai A4 hereinafter for the sake of companyvenient described as A1, A3 A4 .
Dr. ARIJIT PASAYAT, J. Challenge in these appeals is to the judgment of a Division Bench of the Gujarat High Court, disposing of two criminal appeals.
