IMPORTANT POINT
Normally no interference with the concurrent findings of fact in criminal appeal unless perverse.

JUDGMENT :

Pinaki Chandra Ghose, J.

1. This appeal is directed against the judgment and order dated 29.11.2013 passed by the High Court of Gujarat at Ahmedabad in Criminal Appeal No.1747 of 2010 with Criminal Appeal Nos.2223 & 2224 of 2010, whereby the High Court dismissed the appeal of the appellants herein and confirmed their conviction and sentence for various offences punishable under Sections 302, 147, 148 read with Section 149 of the Indian Penal Code, 1860 (hereinafter referred to as “IPC”).

2. The brief facts necessary to dispose of these appeals are that on 04.07.2009, at about 3:00 a.m., while one Rameshbhai Prajapati (since deceased), who was the Taluka President of Shivsena, his wife Bhavnaben and their children were sleeping, the accused persons assaulted the deceased in sleeping condition with a large knife because even after protest of the accused persons, younger brother of the deceased got married with a woman hailing from the community of the accused. Rameshbhai died on the spot and the whole incident was seen by his wife Bhavnaben (PW1) as she woke up. The accused after killing the deceased escaped from there.

3. The law was set into motion upon lodging of FIR by PW1 (complainant) on 04.07.2009 at 06:15 a.m., at Vagdod Police Station. The FIR was registered as C.R.No.69 of 2009. The post-mortem of the deceased was performed by Dr. Mayankbhai Vrajlal Sheth (PW2). As per the deposition of PW-2 with regard to post-mortem of the deceased, marked Exh. 25, there were injuries on artery, veins and windpipe due to injury caused on the throat by large knife.

4. Upon completion of investigation, charge-sheet under Sections 147, 148, 149, 302 and 120-B of the IPC was filed on 29.09.2009 in the Court of Judicial Magistrate, First Class, Patan, which was registered vide Criminal case No.4108 of 2009. However, the case being exclusively triable by the Court of Sessions, Surat, the same was committed to the Sessions Court under Section 209 of the Cr.P.C. Accordingly, a Sessions Case No.72 of 2009 was registered against the accused. Thereafter, upon the case being transferred to the Court of Additional Sessions Judge, (FTC-2), Patan, charges were framed against the accused persons vide Exh.8, for the offences punishable under Sections 147, 148, 149, 302 and 120-B of IPC. After the accused persons denied the said charges in their statements vide Exhibit Nos.9 to 13, the evidence of prosecution witnesses was recorded.

5. Upon recording the evidence of the prosecution witnesses and after considering all the relevant facts, the Trial Court vide its judgment and order dated 16.08.2010 convicted accused Nos.1 to 4 for the offences punishable under Sections 302, 147 and 148 read with 149 of IPC and sentenced them to imprisonment for life and to pay a fine of Rs. 2,000/- and, in case of default to pay fine, to undergo further simple imprisonment for six months. However, the Trial Court acquitted accused No.5 -Umarbhai for the offences punishable under Sections 147, 148, 149, 302 and 120-B of the IPC, and acquitted rest of the accused for the offences punishable under Section 120-B of the IPC. It was further ordered that if the accused Nos.1 to 4 pay the amount of fine, then an amount of Rs.8,000/- be paid as compensation to the complainant on behalf of all the dependants. Being aggrieved by the aforesaid judgment and order of the Trial Court, the accused persons filed an appeal before the High Court. While accused preferred Criminal Appeal No.1747 of 2010 against order of their conviction and sentence, Criminal Appeal Nos.2223 & 2224 of 2010 were preferred by the State for enhancement of the sentence and against the acquittal of accused No.5, respectively.

6. The High Court vide its judgment and order dated 29.11.2013, dismissed the aforesaid appeals filed by the State. The High Court partly allowed Criminal Appeal No.1747 of 2010 filed by the accused persons and thereby quashed and set-aside the judgment and order of conviction and sente