MER RANMAL ARJAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Since common questions are involved in this group of three matters, they are being disposed of, on joint request, by this common judgment.

(2.) Initially, a short resume of the material facts giving rise to this group of matters may be narrated.

(3.) The appellant in Criminal Appeal No. 238 of 1985, Ranmal Arjan, alongwith seven other accused persons, came to be tried in the Sessions Case No. 12 of 1983, by the Additional Sessions Judge, at Porbandar, in Junagadh District, for the alleged offence punishable under Secs. 147, 148, 149, 452, 307, 324, 385 and 323 of the Indian Penal Code and under Sec. 25 (1) of the Arms Act and also under Sec. 135 (1) of the Bombay Police Act. In that, the prosecution alleged that, on 17-11-1982, Sessions Judge, Porbandar in Sessions Case No. 12 of 1983. at abour 7-30 p.m. in the area near Sutarwada, in the town of Porbandar, all the accused persons came with arms and assaulted the complainant-Mansukh Jamnadas and his brothers, Dhansukh and Laxmidas. Accused No. 1-appellant herein also opened fire from the pistol which did not hit any person. Version of the prosecution was that the attacking party, firstly, demanded an amount of Rs. 50,000 from the complainant. As the said demand was not accepted, the complainant party was attacked.