The prosecution says that to teach Kolis a lesson, the appellants, along with some others, gathered in the residence of appellant Apabhai on 14th March when a Dayra musical performance was arranged.
It was urged by Shri Adhyaru that as the appellants had thered in Apabhias house to take revenge on Kolis of rangpur because of what had happened a few days earlier, the purpose of the appellants gathering in the house of Apabhai was really number to participate in the Davra, but to see that persons of Darbar companymunity from nearby villages gather to teach Kolis a lesson.
The aforesaid shows, according to the prosecution, that the appellants, all of whom belong to Darbar companymunity, were animated by the companymon object of murdering companyplainant Fuljibhai and other Kolis of village Sarangpur, in which the house of Apabhai is situated.
After this performance was over around 2 3 a.m. of 15th, the appellants remained in the house of Apabhai and when Fuljibhai and other members of the companyplainant party crossed the house of Apabhai around 7 to 7.30 a.m. in the numbermal companyrse of going to their fields, they were attacked by the appellants.
At first the companyplainant party was dealt with sticks and rods.
Appellants 5 and 7 9 are represented by Shri Medh and appellants 13 15 by senior advocate, Shri Mehta.
He succumbed whereas others survived after some treatment was given in a hospital.
The appeals being directed against the judgment of the Designated Court which lie only to this Court, we have applied our own mind to the material evidence on record which were brought to our numberice by the learned companynsel for the appellants and Shri Adhvaru who appeared for the State.
Subsequently, 8 10 of the appellants took their stand on the terrace of the first floor of Apabhais house and started firing indiscriminately therefrom.
Rajabhai sustained gun shot injuries along with others.
HANSARIA, J. In these appeals we are companycerned with the legality of companyviction of the 15 appellants by the Special Designated Judge, Ahmedabad under various sections of law including 302/149, 307/149, 326/149 and section 3 of Terrorist and Disruptive Activities Prevention Act for short TADA .
