TRIKAMBHAI RANCHHODBHAI PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Seven accused persons ('A-1, A-2, A-3, A-4, A-5, A-6 and A-7' for short) were charged and tried by the learned Additional Sessions Judge, Kheda at Nadiad (the 'trial Court' for short), in Sessions Case No. 11 of 1999 for the offences under Sections 147, 148, 302/149, 307/149, 326/149, 324/149 and 323/149 of the Indian Penal Code ('IPC' for short) and Section 135 of the Bombay Police Act, on the accusation that they all armed with deadly weapons, formed an unlawful assembly in furtherance of their common object to take revenge upon the victims and prosecution witnesses and they attacked them and in that attack they murdered two persons and caused grievous hurt and hurt to the witnesses. At the end of the trial, all the accused, except A-4, were found guilty of the offences with which they were charged and, therefore, vide judgment and order dated 31.7.2003, A-1, A-2, A-3, A-5, A-6 and A-7 were convicted by the trial court for the following offences and sentenced for the following terms, as stated herein below: S.No Term of sentence Section/s of IPC 1. R.I. for one year and fine of Rs.400/- i.d., S.I. for one month 147 2. RI for two years and fine of Rs.800/- i.d., SI for 2 months 148 3. Imprisonment for life and fine of Rs.3000 i.d., SI for 8 months 302/149 4. RI for four years and fine of Rs.2,000 i.d., SI for 4 months 326/149 5. RI for two years and fine of Rs.1000 i.d., SI for two months 324/149 6. RI for four months and fine of Rs.500 i.d., SI for one month 323/149 7. RI for five months and fine of Rs.400 i.d., SI for one month 504

(2.) Aggrieved thereby A-1, A-2, A-3, A-5, A-6 and A-7 have filed this appeal with the aid of Section 374 of the Code of Criminal Procedure ('the Code' for short).

(3.) The prosecution case, as disclosed from the F.I.R. and unfolded during the trial, is as under: