Judgment

JAGANNATHA SHETTY, J.:- These two appeals relate to the same occurrence and arise out of a common judgment dated April 1, 1982 delivered by the Gujarat High Court. Both appeals are before us by special leave granted by this Court on different occasions. The Gujarat High Court confirmed the conviction and sentence against the appellants awarded by the Sessions Judge, Ahmedabad (Rural) at Narol in Sessions Case No. 49 of 1979.

2. Accused 1, 2, 5,6 and 7 have preferred these appeals. They along with three others were prosecuted for the murder of one Trikam and attempt to murder his brother Devji Bhai.

3. The incident in which the murder has taken place appears to be an offshoot of the Panchayat election. The Panchayats at the village level are the nurseries of our democracy. But unfortunately, the election to the Panchayat is more often fought on personal level rather than on principle. When the election is fought on personal level, inevitably it leads to bitterness and factions in the village. The village Jalila in taluq Dhandhuka appears to be no exception to this rule. It was alleged by the prosecution that there were two groups in that village - one led by accused No. 1 and