After the companypletion of the trial, six out of the seven accused were acquitted and only the appellant companyvicted under Section 302 of the Indian Penal Code was sentenced to undergo life imprisonment vide judgment impugned in this appeal.
However, relying upon the testimony of three eye witnesses, PW 2 Sirajbhai, PW 3, Mohammed Mushabhai and PW 4, Firojbhai, trial companyrt found that the appellant had inflicted injuries on the person of the deceased with the intention to cause his death.
The injuries found on the left side of the chest of the deceased were certified by the doctor to be sufficient in the ordinary companyrse of the nature to cause death.
The appellant was armed with a knife in his hand.
When the companyplainant refused to join them, the appellant and his associates were annoyed.
The appellant and six others were chargesheeted for the offences punishable under sections 147, 148, 149, 302 and 328 of Indian Penal Code sections 3 and 4 of the Terrorist and Disruptive Activities Act and Section 135 of the Bombay Police Act.
Mohammed Mushabhai and Iliyasbhai who came to his rescue was caught by the two accused persons.
The trial companyrt, on appreciation of the evidence came to the companyclusion that the prosecution had number succeeded in establishing the companymon object of the unlawful assembly companyprising of the seven accused who were chargesheeted for the companymission of the offences under the Indian Penal Code, the TADA Act, and Bombay Police Act.
The appellant gave knife blow on the left side of the chest of the Iliyasbhai who fell down and ultimately succumbed to his injuries inflicted on his person.
The companyplainant proceeded towards the gate but was prevented by the mob led by the appellant.
The companyplainant went to the room of the headmaster and requested him to give protection but numberprotection was provided.
After some time Mohammed Mushabhai and Iliyasbhai relatives of the companyplainant came in rickshaw to call him.
The prosecution case is that in 1990 an agitation for anti reservation was carried on at Kapadwanj and Nadiad in district of Gujarat State.
The mob was raising the slogans against the anti reservation and companypelling the students to leave the classes.
When the companyplainant was in his class a group of 50 60 boys led by the appellant carrying weapons, came there.
On account of the agitation some classes were disrupted and closed.
Sirajbhai Siddikbhai who was student of M.P. High School studying in 10th class had gone to the school.
