SARDARSINH GULABSINH ZALA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS appeal is filed against the judgment and order dated 31.08.2010 passed in Sessions Case No. 18/2010 by learned Addl. Sessions Judge & Presiding Officer, Fast Track Court No.2, Sabarkantha at Himmatnagar whereby, the appellants, original accused no.1 to 9, have been convicted for the offences punishable u/s.143, 147, 148, 149, 323, 325, 337, 120(B) and 302 r/w. Section 34 of Indian Penal Code (for short, "the IPC"). Original accused no.1 & 4 were also convicted for the offence u/s.135 of Bombay Police Act.

(2.) THE short facts giving rise to the prosecution case is that on 17.10.2009 at around 2230 hrs. the appellants herein, original accused no.1 t0 9, in connivance with each other, hatched a conspiracy to attack Cheharsinh and other witnesses. During that time, accused no.1 and 4, who were armed with wooden logs, along with other accused persons, assaulted Cheharsinh and other witnesses and thereafter, pelted stones at them.

(3.) MR . AM Dagli learned counsel for appellants submitted that the Court below committed serious error of law in passing the order of conviction as there is no evidence on record, which can remotely suggest about any unlawful assembly.