Judgment

HEGDE, J.:- This is an appeal by special leave. In the trial court as many as eight persons were charged under Sections 147, 148, 201/149, 302/149 and 447/149, I. P. C. They were also charged alternatively under Sections 323/34, 302/34, 307/34, 447/34 and 201/34, I. P. C. The learned trial Judge acquitted A-6 to A-8 of all the charges for which they were tried. He convicted accused 1 and 3 under the second part of Section 304, I. P. C. and sentenced each of them to suffer rigorous imprisonment for two years for the said offence. He convicted accused 2, 4 and 5 under Section 323, I. P. C. and sentenced each of them to suffer imprisonment for 6 months or the same. Both the State as well as the convicted persons went up in appeal against the judgment of the trial court to the High Court of Gujarat. The State was aggrieved by the acquittal of the accused under the murder charge. The High Court accepted the appeal of A-1 and A-3 and acquitted them. It also accepted the appeal of the State in part and convicted Accused 2, 4 and 5 under the 1st Part of Section 304/34, I. P. C. For that offence each one of them was sentenced to suffer rigorous imprisonment for five years.

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