JUDGMEN T

Hemant Gupta, J.

The challenge in the present appeal is to an order passed by the High Court of Gujarat at Ahmedabad on 24.10.2008 maintaining conviction for offences under Sections 302 and 324 of IPC against the appellants for causing death of Bhura Govind and Lakha Arjan.

2. The prosecution case is that on 1st July 1987 at about 12 midnight in Village Prempara-Rampara, the appellants caused injuries to Bhura Govind and Lakha Arjan with spears etc and on account of grievous injuries inflicted, both of them died on the spot. The FIR was lodged at 7 AM on 2nd July 1987 and the appellants were arrested on 17th July 1987. The cause of occurrence is that the appellants were not giving right of way to the deceased. The complainant party had filed the civil suit in which injunction was granted in their favour. The appellants also lodged a cross case which is Sessions Case No. 97 of 1987.

3. After completion of investigations, the appellants were made to stand trial. The appellants have been convicted for life for offence under Section 302 but no separate punishment was inflicted for the offence under Section 324 IPC.

4. In the present appeal, the argument of learned counsel for