(1.) Present appeals arise out of judgment and order dated 3.3.2005 passed by the learned Additional Sessions Judge, Fast Track Court No.3, Bharuch in Sessions Case No.90 of 2000.
(2.) The appellants alongwith one Maganbhai @ Mangalbhai Jethabhai Vasava came to be charged and tried for offences punishable under sections 147, 148, 149, 302, 307, 326, 324, 504, 427, 342 and 34 of the Indian Penal Code (for short "the IPC") and also under section 135 of the Bombay Police Act. They all were alleged to have attacked the house of Gababhai Melabhai at village Sutrel of Vagra taluka of Bharuch district at about 1:00 hrs of 18th December, 1999 and committed murder of Gababhai Melabhai besides causing hurt and attempted murder of witnesses as a member of unlawful assembly acting in furtherance of their common object. The trial Court held the charges to have been proved and convicted all of them. All the convicts have therefore preferred these appeals.
(3.) During the pendency of the appeals, original accused No.3 Maganbhai Jethabhai has been released by granting benefit of remission by the State and his appeal, therefore, has been disposed of by this Court by order dated 3.3.2009 (Coram: Jayant Patel and Rajesh H. Shukla, JJ).