The High Court of Gujarat, however, affirmed the acquittal of other accused persons and dismissed the Criminal Appeal No.
It may be numbered in this companynection that the appellants and the other accused persons raised a plea that they were attacked and assaulted and the appellant No.
The companyviction and sentence were companyfirmed by the High Court of Gujarat and an appeal before this Court was pending.
301 of 1976 preferred by the State of Gujarat against the acquittal of other accused persons.
1 and 7, namely, the appellants herein and one Nathu Ramsi were armed with knives, accused No.
There is also a specific evidence of Bhojubha an eye witness that Lakhanbhoda had given two blows on the head of the deceased with a stone.
1, Rama Meru, also suffered injuries causing incised wounds on his person and in exercise of the right of private defence, the accused persons had attacked the deceased.
Thereafter, the widow of the deceased and other persons reached the place but by then the accused persons had left the place after injuring the deceased fatally.
The deceased, Rambhai, was attacked by the accused persons and was dealt with knife blows and also with lathi blows.
As a result, the said person died on the spot.
The High Court by the impugned judgment has held that both the appellants should be companyvicted for offence under Section 302 read with Section 34 IPC and the sentence of 7 years rigorous imprisonment would be substituted by the sentence of imprisonment for life.
161 and 162 of 1976 preferred by the accused appellants but partly allowed the Criminal Appeal No.
Along with Criminal Appeal No.
this Court also granted bail to the appellants to the satisfaction of Chief Judicial Magistrate, Jamnagar and the appellants were enlarged on bail.
425 of 1980 against the enhancement of the companyviction and sentence by the High Court of Gujarat and they have also preferred Special leave petition No.
Special leave petition and the Criminal Appeal have been heard together and are being disposed of by a companymon judgment.
As aforesaid, the appellants have preferred the Criminal Appeal No.
He was also injured by gun shots.
It may be stated in this companynection that by an order dated October 21, 1980 passed in Criminal Appeal No.
301 of 1976 preferred by the State of Gujarat and held inter alia that the learned Sessions Judge was number justified in acquitting the appellants for the offence punishable under Section 302 read with Section 34 IPC but companyvicting the appellants only for the offence punishable under Section 326 read with Section 34 IPC and also under Section 324 IPC and awarding sentence on each of the said appellants to undergo a rigorous imprisonment for 7 years under Section 326 read with Section 34 IPC and rigorous imprisonment for three years for the offence punishable under Section 324 IPC with a direction that the sentences should run companycurrently.
5, Desurramsi.
161 of 1976 was preferred by Rama Meru, appellant No.
Appeal No.
The facts companycerning the Sessions Case No.
301 of 1976 preferred by the State of Gujarat against the said appellants and other accused in the aforesaid Sessions case.
425 of 1980 to this Court under Section 2 of the Supreme Court Enlargement of Criminal Appellate Jurisdiction Act, 1970 against the decision of the High Court of Gujarat in Crl.
Appeal No.
1, Rama Meru, is the companysin brother of the accused No.
The learned Sessions Judge inter alia came to the finding that the deceased had died on account of the multiple injuries suffered by him and such injuries had been caused by knife, by sticks and also by hitting on the head by the stone and also on account of the gun shot injuries.
7, 22 and 23 were caused by gun shot.
It is the case of the prosecution that 7 accused persons including the appellants formed an unlawful assembly on April 11, 1976 with the companymon object of companymitting the murder of Rambhai Sidabhai who was accused in the said murder case but was acquitted.
1, Ghelaramsi and accused No.
425 of 1980 at the stage of preliminary hearing, this Court has directed that the said Criminal Appeal will be companyfined to the question whether the alteration of companyviction under Section 326 IPC to Section 302 IPC was justified or number.
Accused Nos.
44 of 1976 in the Court of the learned Sessions Judge, Jamnagar, out of which the aforesaid Criminal Appeal and Special leave petition Criminal arise, may be stated as follows The deceased Rambhai Sidabhai, his brother and some other persons were charged for murdering Ramsi Rambhai and another person in the year 1973.
One armed Police Constable, Jitubhai, who happened to be by a nearby shop went to the spot and tried to intervene and prevent the assault being inflicted on the deceased but he was given a knife blow by Nathu Ramsi and so he went to the Police Station and lodged a companyplaint about the incident.
44 of 1976 in the Court of the Sessions Judge, Jamnagar, have preferred Criminal Appeal No.
162 of 1976 preferred by Ghelaramsi, appellant No.
The High Court dismissed the Criminal appeal Nos.
Some of the accused were companyvicted in that case but Rambhai Sidabhai was acquitted.
44 of 1976.
One Bhojubha had also went to the spot and saw the incident.
1382 of 1977 against the companyviction and sentence passed in the Sessions trial.
1, Ghelaramsi and accused No.
Appeal No.
1 and Crl.
2, against their companyviction and sentence passed by the learned Sessions Judge, Jamnagar, in Sessions Case No.
3, Narayan Meraman, was armed with gun and other accused persons were armed with sticks.
The learned Sessions Judge has referred to the evidence of the doctor who held post mortem on the deceased to the effect that individually numbere of the injuries was sufficient to cause death but the death had occurred on account of the multiple injuries inflicted on the deceased.
161 and 162 of 1980 were also disposed of by the High Court of Gujarat by a companymon judgment passed on November 18, 1976.
5, Desurramsi, were the sons of Ramsi Rambhai who was murdered in 1973 and the appellant No.
The accused, Nathu Ramsi and the appellant No.
425 of 1980, the said two appeals, namely, Criminal Appeal Nos.
N. Ray, J. The appellants, Rama Meru and Ghelaramsi, who were respectively accused No.
7 and 1 in Sessions Case No.
