On January 16, 1961, at about 8 P.m.
Accused I fired his gun again and Jetha Nagar received injuries.
The Sessions Judge also held that the 12 accused companystituted an unlawful assembly, but their companymon intention was number to kill Rama Bhupta but only Madha who was number present in the chowk.
Appeal by special leave from the judgment and order dated April 9, 10 and 12 of 1962 of the Gujarat High Court in Criminal Appeal No.
The case of the prosecution may be stated thus In the village of Aithor there are about 300 houses of Kadva Patidars and about 15 to 20 houses of Leva Patidars.
426 of 1961.
The accused preferred different appeals against their companyvictions and sentences and the State of Gujarat filed appeals against the acquittal of accused 5 to 12 under S. 302, read with s. 149, of the Indian Penal Code.
seven persons, who are Leva Patidars, came to the chowk where there is a pan shop cabin of Girdhar Shanker.
These seven persons were, Rama Bhupta, Lakha Madha, Hira Punja, Jetha Nagar, Parshottam Prabhuva, Manor Madha and Gova Shiva.
The State of Gujarat also filed a criminal revision for enhancing sentences passed against all the accused, but it did number file any appeal against the acquittal of accused I to 4 on the charge under s. 302, read with s. 149, of the Indian Penal Code.
Other specific acts were attributed to some of the accused.
2,000 each lie companyvicted all the accused under s. 324, read with S. 149, of the Indian Penal Code for causing injuries to Hira Punja and others.
S. R. Chari, and R. A. Gagrat, for the appellants.
Accused 5 and 6 fired again and Hira Punja was injured.
Accused 5 to 12 were also companyvicted under S. 326, read with S. 34, and s. 324, read with s. 149 and s. 148, of the Indian Penal Code and they were sentenced to various periods of imprisonment and fine.
They killed Rama because they believed that they were shooting at Madha.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
1 to 10 and 12 in the Sessions Court, Mehsana.
The Judgment of the Court was delivered by Subba Rao J. This appeal by special leave raises an interesting question involving the companystruction of s. 34, read with s. 301 of the Indian Penal Code.
Accused 5 and 6 fired their guns and Lakha Madha was injured.
At the same time the 12 accused also came to that place.
Accused I to 4 fired their guns and Rama Bhupta fell down and died near the door of the cabin of Girdhar.
R. Khanna, R. H. Dhebar and B. R. G. K. Achar, for the respondent.
The learned Sessions Judge held that Rama Bhupta was killed as a result of the firing by accused 1 to 4, that Lakha Madha was injured by the firing by accused 5 and 6, that Jetha Nagar was injured by the firing by accused 1, that Hira Punja was injured by the firing by accused 5 and 6, that accused 12 caused stick injuries to Lakha and that accused 8 caused injury on the tongue of Parshottam Prabhuva.
Accused 1 to 6 were each armed with a muzzle loading gun accused 7, 8, 11 and 12 were armed with sticks accused 9 and 10 were armed with dharias.
The appellants who are 11 in number were accused Nos.
191 of 1962.
Accused 7 to 12 were inciting accused 1 to 6 to kill all these persons.
