AFZALKHAN MOHMADNBI PATHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) . Since both these appeals raise common questions and arise out of one judgment and order, upon request, they are being disposed of, by this common judgment. Criminal appeal No.510/92 is filed by the appellants, original accused Nos.1 to 4, under section 374 of the Code of Criminal Procedure, 1973 (Cr.P.C.) which is, hereinafter, referred to as first appeal, and appellants Nos.1 to 4, therein, are, hereinafter, referred to, as A-1 to A-4, whereas, Criminal Appeal No.592/92, acquittal, filed by the State of Gujarat, against respondents Nos.1 to 4, who are original accused Nos.5 to 8, under section 378 of the C r.P.C., which is referred to, as the second appeal, and the respondents, therein, are referred to, as A-5 to A-8, for the sake of convenience and brevity.

(2.) Incidentally, it may be mentioned, at this stage, that, initially, three appeals were directed to be heard together, but it is stated that Criminal Appeal No.565 of 1992 filed by the State has been disposed of as dismissed on, 18th December, 1992.

(3.) A conspectus of short, but relevant, facts of the prosecution case giving rise to this group of these two appeals may be articulated, at first, with a view to examine the merits of the appeals and challenge against them.