JUDGMENT :

C. Nagappan, J.

All three appeals are preferred against the judgment dated 26.12.2006 in Criminal Appeal No. 865 of 1986 passed by the High Court of Gujarat at Ahmedabad.

2. Accused No. 1 Asaf Afkhan Kalandarkhan, accused No. 2 Mahamadkhan Nathekhan and accused No. 3 Vora Ismailbhai Daudbhai were tried for the charge under Sections 302, 120(B) and 201 of IPC and Section 25(A) of The Arms Act, 1959 for committing the murder of Firozbhai Abdul Latif by firing gun shot on the right side of his chest, when he was in the motor car of accused No. 3 in the early hours on 21.2.1984 in Sessions Case No. 44 of 1985 on the file of Additional Sessions Judge, Ahmedabad (Rural) at Narol. The Trial Court acquitted the accused from all the charges leveled against them. Challenging the same the State of Gujarat preferred appeal in Criminal Appeal No. 865 of 1986 on the file of the High Court of Gujarat at Ahmedabad and the High Court held that the charge of criminal conspiracy against accused Nos. 1 to 3 has not been proved by the prosecution and the offence under Section 25(1)(a) of the Arms Act is not proved as against accused No. 3 and acquitted them of the said charges. At the same time