HARISH NATVARLAL MISTRY Vs. STATE OF GUJARAT

JUDGEMENT

(1.) All these five appeals arise from the judgment and order dated December 26, i989, rendered by the learned AddI. City Sessions Judge. Court No. 18, Ahmedabad, in Sessions Case No. 63 of 1989 on his file, whereby he has convicted the appellants of Criminal Appeals No. 74/90, 76/90, 102190 and 113190, for offences punishable under sections 147, 148, and 302 read with section 149 of the I.P. Code, and for the offence of murder punishable under section 302 read with section 149 of the I.P. Code, he has sentenced them to imprisonment for life, while not imposing any separate sentence for other offences for which he has convicted those appellants. The four appellants have preferred the afore said Jour different appeals. At the aforesaid Sessions Case, is persons were put up for trial. The learned AddI. City Sessions Judge has acquitted there mainline even. Hence the State has floor, acquittal appeal being Criminal Appeal No. 143/ 90. claiming conviction also of those 11 accused who have been acquitted.

(2.) All these appeals have been heard together any they will stand disposed of by this common judgment.

(3.) As said above at the aforesaid Sessions Case 15 persons were put up for trial. Kanu Gandhi, appellant in Cri. Appeal No. 102/90 was accused No. 2 at the trial. Sandip Patel, the appellant in Criminal Appeal No. 113/90 was accused No. 3. Manish Patel the appellant in Criminal Appeal No. 76/90 was accused No. 4 and Harish Mistry, the appellant in Criminal Appeal No. 75/90 was accused No. 5. All the four appellants referred to hereinabove, and their co-accused, eleven in number were charged firstly for having committed offence of criminal conspiracy to murder one Shailesh punishable under section, 120B of the I.P. Code. All of them were further charged for an offence under section 143 I.P. Code on the allegation that they members of an unlawful assembly. It was alleged against the accused that in furtherance of the common object of all of them, and for the purpose of carrying out the plan and design hatched the criminal conspiracy. On the night of October 21, 1988, accused No. 4, Manish Patel, gave knife blows to deceased Shailesh Popatlal Brahmbhatt and caused his death. It is also alleged that in furtherance of the common object of all the accused, and for the purpose of carrying out the plan and design, hatched the criminal conspiracy, at that very time on the night of October 21, 1988, Kanu Gandhi accused No. 2, by means of a dagger and Sandip Patel, accused No. 3 by means of a knife assaulted Sanjay Popatlal Brahmbhatt, the brother of 1 Shailesh, and caused to Sanjay Popatlal, severe - injuries which also resulted in the death of Sanjay, a short while later. Thus, accused Nos. 2, 3 and 4, were individually charged for the offence under section 302 I.P. Code, while the rest of the accused were charged for an offence of murder with the aid, of section 149 as also section 120B of the I.P. Code, and in the alternative all the 15 accused were charge for the offence punishable under, section 302 r/w. section 149 and 120B I.P.C. Accused Nos. 2, 3 and 4 were further charged for the offence under section 148 I.P. Code, while the remaining accused were charged for an offence 1 under section 147 I.P. Code. Accused Nos; 2, 3 and 4 were also charged for a minor offence under section 135 of the Bombay Police Act