ANIL AMRUTRAO JALTE Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Since both these appeals arise out of common judgment they are being disposed of also by this common judgment. Criminal Appeal No. 1204 of 1992 is at the instance of original accused No.s. 1. 2 and 3 whereas Criminal Appeal No. 27 of 1993 is at the instance of original accused No. 4 of Sessions Case No. 119 of 1992 which are hereinafter referred to as accused persons 1 to 4 respectively for the sake of convenience and brevity.

(2.) The accused persons by filing these two appeals under Sec. 374 Cr. P.C., 1973 (Code) gave assailed the judgment of conviction and sentence recorded by the Addl. City Sessions Judge in Sessions Case No. 119 of 1992 passed on 4-8-1993 whereby accused persons came to be convicted and sentenced for having committed offence punishable under Sec. 302 read with Sec. 34 I.P.C. and resultant sentence of life imprisonment for having committed murder of one Satish Mohanlal and also under Sec. 323 of I.P.C. and Sec. 135(1) of Bombay Police Act read with Sec. 34 but no separate order of sentence is recorded.

(3.) Few relevant material facts may be narrated at this stage. On 27-1-1992 at about 4-00 p.m. incident occurred near the house of Arvind Jayantilal in Naroda "C" colony in Ahmedabad. As per prosecution case the accused persons formed a common intention to commit murder any and every person whoever will intervene in saving the complainant-Arvind Jayantilal. In pursuance of said common intention accused No. 1-Arvind inflicted a blow on the left waist portion of the deceased- Satish with the help of iron pipe. Accused No. 4-Tinu @ Vinu inflicted pipe blow on the head of deceased-Satish whereas accused No. 3-Manojkumar @ Manubhai gave a stick blow on hand of the deceased-Satish and accused No. 2-Sanjay pelted stones which hurt the deceased on the neck portion. It was, therefore, alleged by the prosecution that the accused persons either in pursuance of common intention or by abatement with each other and committed murder of Satish and were guilty of offence punishable under Sec. 302 read with Sec. 34 of I.P.C. and Sec. 302 read with Sec. 140 of I.P.C.