PATHAN KAYAMKHAN PIRMAHAMMAD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellants have preferred this appeal under Section 374 (2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'cr. P. C. ") and challenged the judgment and order of conviction and sentence rendered by learned Addl. Sessions Judge, Mehsana at Patan on 14-11-1995 in Sessions Case No. 101 of 1995, convicting the appellants for the offence punishable u/s 302 read with Section 114 of the I. P. Code and sentencing them to undergo life imprisonment and to pay fine of Rs. 1000/- and in default thereof to undergo rigorous imprisonment for one month.

(2.) THE appellants and other six persons were prosecuted for the offences punishable u/s 302, 147, 148, 149, 120-B, 504 of the I. P. Code and u/s 135 of the Bombay Police Act.

(3.) ACCORDING to the prosecution case on 20-1-1995 around 1-00 and 1-30 in the noon the appellants with six other persons, armed with deadly weapons like sword, dagger, 'dharia' and knife, hatched a criminal conspiracy, formed an unlawful assembly with common object to assault deceased Sabbir and gave abuses and in furtherance thereof used force and attacked Sabbir with deadly weapons. Appellant Jamilkhan Mahemmadkhan hit dagger on the chest of Sabbir with an intention to cause his death and thereby committed offences punishable u/s 302, 147, 148, 149, 120-B, 504 of the I. P. Code and u/s 135 of the Bombay Police Act.