(1.) THIS appeal is filed by the original accused challenging the judgment dated 29.09.2007 passed by learned Additional Sessions Judge, Bhavnagar in Sessions Case No.222 of 2005. The accused were convicted for offence punishable under Section 302 of the Indian Penal Code read with Section 34 thereof. They were sentenced to imprisonment for life. Learned Judge also imposed fine of Rs.50,000/ - each. In default of payment of fine, the accused were to undergo S.I. of three years. Out of the fine so collected from the accused he ordered payment of Rs.1,00,000/ - by way of compensation to the complainant the brother of the deceased. It is this judgment, which the appellants have challenged in this appeal.
(2.) BRIEFLY stated the case of the prosecution was that:
(3.) JITESH Chetanbhai, first informant P.W.2 was examined at Exh.26. In his deposition, he stated that the incident took place at about 6:00 to 6:15 O'clock on 26.07.2005 at Rasala Camp. At about 6 O'clock he had gone to deliver Rs.10,000/ - given to him by his employer. While passing by Rasala Camp Chowk he intended to visit new Gurudwara for Darshan. When he reached Rasala Camp Chowk, he saw from a distance that some fight was going on. When he went closer, he saw that his brother Kailesh was being attacked by four accused, who all carried knives. They were giving repeated knife blows to his brother. He, thereupon, started shouting and took a piece of log from a nearby store and challenged the accused. All the accused, thereupon, ran away towards the Gurudwara. He saw that his brother died after convulsing for a short while. Someone had already informed the police, who arrived shortly at the spot where his FIR was recorded.
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