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1992 Supreme(SC) 177

K.JAYACHANDRA REDDY, R.C.PATNAIK
Patel Rasiklal Becharbhai – Appellant
Versus
State Of Gujarat – Respondent


JUDGMENT

There are three appellants before us. They along with five others were tried for offences punishable under Sections 147, 148, 302, 324, 426 and 447 read with Section 149, I.P.C. The trial Court acquitted all of them. The State preferred an appeal and the High Court took the view that each of the respondents would be liable for his individual act. In that view of the matter, the High Court convicted the accused No. 3 Patel Rasiklal Becharbhai under Section 302, I.P.C. and sentenced him to undergo imprisonment for life. Accused No.4 Patel Naranbhai Shivram and accused No. 8 Patel Shankerbhai Ramdas were convicted under Section 324, IPC and each of them was sentenced to undergo rigorous imprisonment for six months and to pay a fine of Rs. 500/- or in default to undergo further two months R.I. The other accused were acquitted. These three convicted accused have preferred this appeal.

2. It is alleged that all the eight accused formed an unlawful assembly on 7th March, 1978 at about 4 Oclock near the village Dhanaj, Distt. Mehsana and in pursuance of the common object they attacked the deceased and inflicted injuries on PWs 2 and 5. During the course of the occurrence accused Nos








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