HARIJAN DHANA BADHA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Persons (hereinafter referred to as A-1 to A-1 1 respectively) were tried by the Additional Sessions Judge, Gondal for riotingwith deadly weapons and committing the murder of Dana Pitha in prosecution of their common object. The trial court acquitted eight of them and convicted and sentenced A-2, A-6 and A-7 under section 302 Indian Penal Code. Against the judgment of the trial court two appeals were preferred: one by the three convicts and the other by the State challenging the acquittal of A-1, A-3 to A-5 and A-8 to A-10, but not of A-1 1. In disposing of the appeals by the impugned judgment the High court upheld the conviction of A-2, A-6 and A-7 (after altering the conviction of A-7 to one under S. 302/149 Indian Penal Code) an4 the acquittal of A-9 and A-10, but reversed the acquittal of A-1, A-3 to A-5 and A-8 and convicted them under S. 148 and 302/149 Indian Penal Code. Against dismissal of their appeal A-2, A-6 and A-7 has filed one of these two appeals (Criminal No. 598 of 1987 while the other one has been filed by A-1, A-3 to A-5 and A-8, against their conviction and sentence as recorded by the High court. Both the appeals have been heard together and this judgment will dispose of them.

(2.) Bereft of details the prosecution case is as under:

(3.) The accused pleaded not guilty to the charges levelled against them and contended that they had been falsely implicated.