JUDGMENT

Dr. Arijit Pasayat, J. —

1. Leave granted.

2. Challenge in this appeal by accused no.2 is to the judgment of a learned Single Judge of the Gujarat High Court upholding the conviction of the appellant for offences punishable under Section 307 read with Section 34 and Section 120 B of the Indian Penal Code, 1860 (in short the ‘IPC’). Learned Additional Sessions Judge, Valsad, had recorded the judgment of conviction and had imposed sentence of five years for the first offence and no separate sentence was imposed for latter offence. Fine of Rs.500/- with default stipulation was also imposed.

3. Background facts in a nutshell are as follows:

On 26.11.1987 around 07:30 p.m. in village Kaanjan Ranchhod, Tal in Dist. Valsad, the appellant-accused no.1 called the complainant Kalaben Jagabhai Patel at Khadi to take money and also told her that he had some work with her. The accused no.2 also reached at the same place from where both the accused took the complainant in Vadi of Chamarbhai Revlabhai, where for about half an hour, they were talking and thereafter with an intention to kill the complainant they, forcibly made the complainant drink an insecticide used in Chilly Crop named