ORDER

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. After the completion of the trial, six out of the seven accused were acquitted and only the appellant convicted under section 302 of the Indian Penal Code was sentenced to undergo life imprisonment vide judgment impugned in this appeal.

2. It is submitted on behalf of the appellant that prosecution had not proved the case against the appellant beyond reasonable doubt and the statements of the prosecution witnesses cannot be believed as they allegedly suffer from inherent contradictions. It is contended in the alternative that even if the occurrence is proved to have taken place, the appellant cannot be convicted and sentenced for the offence punishable under section 302 of the Indian Penal Code as he was not proved to have the requisite intention to commit the offence of murder.

3. The prosecution case is that in 1990 an agitation for anti-reservation was carried on at Kapadwanj and Nadiad in district of Gujarat State. Sirajbhai Siddikbha