(1.) As both the Criminal Appeals arise out of the common judgement and order of conviction and sentence, both these appeals are heard, decided and disposed of by this common judgement and order.
(2.) The Criminal Appeal No.197 of 2015 has been preferred by the appellant - original accused No.3 named Parsu Kaliya Mohania, under Section 374(2) of the Code of Criminal Procedure, 1973 (for short "the Cr.P.C."), questioning the legality and validity of the judgement and order of conviction and sentence dated 26/11/2014 passed by the learned third (Ad-hoc) Additional Sessions Judge, Dahod, in the Sessions Case No.56 of 2011.
(3.) The case of the prosecution, in nut shell is that, FIR being CR No.I-156 of 2010 (Ex.13) came to be lodged by the complainant - eye witness named Saburbhai Manabhai Sangada, PW No.3, against appellants herein - accused Nos.2 and 3 as well as accused No.1 Mansukh Ditabhai Amaliyar and against two unknown persons on 2/11/2010 with Limkheda Police Station for the offences punishable under sections 144, 147, 148, 149, 342, 307, 302 read with section 427 of IPC and under section 25(1)(C) of Arms Act. The complainant alleged in the FIR that on 2/11/2010 he along with Kamleshbhai Mathurbhai Rathod (hereafter referred to as "the deceased") had gone to Dahod on motorcycle bearing Registration No.GJ-20-K-3197 for registering their names in the office of the employment exchange and it is alleged that they saw appellants and other accused persons standing near to the shop of accused Mansukhbhai, situated near Dudhmal Bus Stop. It is alleged that the accused persons used to meet near the Shop to design an assault on the first informant. It is alleged that while returning, from the office of employment exchange at about 4.30 p.m. the motorcycle was driven by deceased Kamleshbhai and when they reached near the Dudhmal Tower at about 5.00 p.m. their motorcycle was intercepted by the appellants and others. It is alleged that as soon as the complainant and the deceased saw the accused persons, they stopped motorcycle and jumped off and started to run amid the standing crop of pulses in the nearby field. It is alleged that in the meanwhile, accused Arvind and Parsu fired from their revolver. It is alleged that one of the bullets, hit the Kamlesh and he sustained injury due to the said hitting of bullet and he was stumbled and even the complainant was also stumbled but somehow he managed to escape and had run away from the place of incident. It is alleged that the complainant saw that the deceased was being beaten by wooden log by the accused persons. It is alleged that while the complainant was running to get rid of the assailants, he was chased by the accused Parsu, who was following him with revolver kind arm. It is alleged that when the complainant reached near the Dudhmal Tower and cried for shelter from watchman, but the watchman also showed his inability to lend any help. It is alleged that during that time accused Parsu fired two rounds. It is alleged that the complainant ran for about 2 kms. and ultimately reached on a public road. As per the complainant, he found a person who allowed him to use his mobile phone to inform the father of the deceased about the incident. It is alleged that the incident was narrated by the complainant to the father of the deceased and therefore, the father of the deceased as well as one Maganbhai Jorsingbhai had reached the place of incident with their personal bodyguards. It is alleged that by that time, even the complainant reached the scene of incident. As per the complainant, the father of the deceased informed the police of Limkheda Police Station on phone and resultantly, the police personnel were also present at the scene of incident and thereafter, they went in search of the body of the deceased and found him dead in the field of pulses. It was also found that the certificates of the deceased were also lying in half burnt condition. They saw injuries on the face and cheek of the Kamlesh - the deceased. It is alleged that the accused are the decoitors and the complainant and family of the deceased Kamlesh had opposed them and therefore, the accused had attacked on them previously also. It is alleged that all the accused hatched an unlawful assembly, attacked on the complainant and the deceased and committed murder of the deceased. Therefore, the aforesaid FIR was registered at 17.50 hours on 2/11/2010.