Judgment

FAZL ALI, J.:- The appellant Soma Bhai Lala Bhai - hereinafter referred to as Soma Lala was tried by the Sessions Judge, Surat for the charges under Sections 302, 303 and 201 I.P.C. as also under Ss. 25 (1) (a) and 27 of the Indian Arms Act, 1959, but was acquitted of all the charges by the Sessions Judge by his order dated November 30, 1971. The State of Gujarat filed an appeal before the High Court of Gujarat against the order of acquittal passed by the Sessions Judge and after hearing the aforesaid appeal the High Court of Gujarat reversed the order of acquittal and convicted the accused for offences under Section 302 I.P.C. and sentenced him to life imprisonment, under S. 307 to five years R. I. and a fine of Rs. 1000/-, under S. 25 (1) (a) of the Arms Act to one year s R.I. and a fine of Rs. 200/- and under Section 27 of the Arms Act to rigorous imprisonment for three years and a fine of Rs. 500/-. All the substantive sentences of imprisonment were ordered to run concurrently. The appellant has filed this appeal before us against the order of the High Court under the SC (Enlargement of Criminal Appellate Jurisdiction) Act, 1970.

2. This case illustrates what disastrous consequences smuggling activities can some times lead to. In the instant case the precious life of a person has been lost and another person has been seriously injured because the accused is alleged to have entertained. a serious apprehension that secrets of his smuggling activities would be revealed by one of the injured persons. The deceased Chhania Dhana however appears to have suffered merely because of his innocent intervention in the altercation between the appellant and Naran Kala the injured person.

3. Briefly put the prosecution case is as follows. The appellant Sonia Lala and some of the eye witnesses are residents of village Dandi, which is situated on the sea-shore of Olpad Taluq of Surat District. It appears that all these persons were interested. in smuggling silver worth Rupees 34,00,000/- which they had hidden. somewhere in the creek of the village sea-shore. Naran Kala one of the injured persons who had been shot by the appellant and was his main target used to be in the employ of the appellant for 2 or 3 years before the occurrence, but as the appellant was not paying his salary regularly he left his service and took up employment under Ratilal Deva. Five days prior to the incident, there was an altercation between Dita Lala and Makan Dita who were close relations of the accused and the deceased Chhania Dhana and Naran Kala near the seashore of the village. In the course of the altercation, Chhania Dhana is said to have assulted Dita Lala and Makan Dita. This altercation resulted because Naran Kala appears to have been aware of the secrets of Soma Lala, Dita Lala and others regarding the place where they hoarded the stocks of silver. This, according to the prosecution, provided the immediate provocation to the appellant to cause the death of Chhania Dhana and injuries to Naran Kala. The prosecution case was that on 20-2-1971 the complainant Ratilal Deva and Naran Kala-who will hereinafter be referred to as Naran-had gone to Surat on February 20, 1971, which is the date of occurrence. Both of them returned to the village Dandi in the jeep of Ratilal Deva along with the witnesses Soma Rama and Lalu Govind who also got a lift in the jeep of Ratilal Deva. After reaching Dandi the jeep car was left near the house of witness. Lalu and other persons went to their respective houses. After a while all these persons collected at the house of Lalu Govind where Chhania Dhana was already there. "They talked together on various matters for about an hour and thereafter Lalu Govind suggested that they should go to the house of Jiva Natha a neighbour living in the same village to enquire about his health because he was ailing for some time. In view of the proposal made by Lalu Govind, Ratilal Deva and Lalu Govind left the house and went to Jiva Natha