IQBAL YUSUF MANJARA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By this appeal the appellants have questioned the legality and validity of the conviction and sentence order passed by the learned Additional Sessions Judge Surat on 3.1 in Sessions Case No. 47 of 1984 by invoking the aids of the provisions of section 374 of the Criminal Procedure Code 1973 (Code for short hereinafter).

(2.) A few material and relevant facts giving rise to the present appeal may be stated at this stage. The appellants alongwith other five accused persons were tried in the trial court for the offences punishable under sections 147 324 and 326 of the Indian Penal Code. They were also tried for the offences punishable under sections 147 148 and 149 read with section 395 and 397 of the Indian Penal Code. Initially a complaint was lodged against 15 persons by one Bilal Ibrahim Patel. Upon investigation into the said complaint 13 persons were charge-sheeted by the Mangrol Police and all of them were tried in the Sessions Court for the aforesaid offences. The accused persons pleaded not guilty and claimed to be tried.

(3.) Upon appreciation and examination of the evidence of the prosecution the learned Additional Sessions Judge reached to the conclusion that there was an unlawful assembly formed of original accused Nos. 2 3 4 5 7 8 11 and 12 and that they were armed with deadly weapons. It was also found by the learned Additional Sessions Judge that the common object of the aforesaid unlawful assembly was to cause grievious hurt to the injured-Ibrahim Mohmad Patel. Consequently the trial court held the original accused Nos. 2 3 4 5 7 8 11 and 12 (in all 8 accused persons out of 13) guilty for the offences punishable under sections 326 147 and 148 of the Indian Penal Code. Each of the accused is sentenced to undergo rigorous imprisonment for 18 months and to pay fine of Rs. 200 and in default to undergo further rigorous imprisonment for 15 days of the offences punishable under section 326 read with section 149 of the Indian Penal Code. The trial court also sentenced each of the aforesaid accused person to undergo rigorous imprisoment for six months for the offences punishable under section 148 of the Indian Penal Code. They came to be acquitted from the other charges. However being aggrieved by the aforesaid order of conviction and sentence all the original eight accused persons have now come up before this court in this appeal challenging its legality and validity.