Judgment

K. JAYACHANDRA, REDDY, J.:- A rioting took place on 11 th day of October, 1988 at about 3 p.m. in Baroda Rayon Corporation Housing Colony during the course of which one Pandharinath Dagdu Patil, hereinafter referred to as the deceased, was killed. In respect of this occurrence six accused were tried for having committed offences punishable under S. 302 read with S.149, I.P.C. and under S. 135 of the Bombay Police Act. The trial Court convicted accused Nos. 1 and 5 under S. 302 read with S.34, I. P.C. and sentenced to imprisonment for life. The rest of the accused were acquitted. The two convicted accused preferred an appeal against their convictions and the State also preferred an appeal against the acquittal of the remaining accused. The High Court of Gujarat dismissed the appeal filed by accused Nos. 1 and 5 and allowed the appeal filed by the State and convicted accused No. 4 under S. 302/34, I.P.C. and sentenced him to undergo imprisonment for life. Accused Nos. 2 and 6, however, are convicted under S. 326 read with S. 34 and each of them is sentenced to suffer R.I. for five years.

2. Pursuing to the leave granted by this Court, the appeal preferred by Accused No. 4 is n