(1.) These four criminal appeals under Section 374 of the Code of Criminal Procedure ('the Code' for short) are directed against the judgment and order dated 23.8.2004 rendered in Sessions Case No.34 of 2000 by the learned Additional Sessions Judge, Second Fast Track Judge, Gondal, by which the appellants of Criminal Appeal No.1422 of 2005 and appellant of Criminal Appeal No.2234 of 2004 (A-1, A-2, A-3 and A-4) are convicted for commission of the offence under Section 302 of the Indian Penal Code ('IPC' for short) read with Section 34 IPC and under Section 135 of the Bombay Police Act ('BP Act') and each of them is sentenced to suffer imprisonment for life and fine of Rs.5,000/-, in default, R.I. for one year for the offence under Section 302 IPC read with Section 34 IPC and RI for one year and fine of Rs.1,000/-, in default, RI for one month for the offence under Section 135 of the BP Act whereas appellant of Criminal Appeal No.1544 of 2004 (A-6) and appellants of Criminal Appeal No. 1925 of 2004 (A-5 and A-7) are convicted for commission of the offence under Section 302 IPC read with Section 120B IPC and sentenced to suffer imprisonment for life and fine of Rs.5,000/-, in default, RI for one year for the offence under Section 302 IPC read with Section 120B IPC. It is also further directed that A-5 and A-6, each, shall pay Rs.1,50,000/- as compensation to the widow of deceased Prakashbhai Raveshia and on their depositing the said amount the same shall be paid to her. The order further stipulated that A-8 who was charged for commission of offence under Section 312 IPC for harbouring the accused, has been acquitted.
(2.) Background facts as projected by the prosecution as also disclosed in the FIR as well as unfolded during the trial are as under:
(3.) Criminal Appeal No.1422 of 2005 has been filed by A-1 to A-4, Criminal Appeal No.1544 of 2004 has been filed by A-6 and Criminal Appeal No. 1925 of 2004 has been filed by A-5 and A-7 whereas Criminal Appeal No.2234 of 2004 has been filed by A-4 through jail.
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