JUDGMENT :

R. BANUMATHI, J.

1. This appeal arises out of the judgment dated 05.03.2009 passed by the High Court of Gujarat at Ahmedabad in Criminal Appeal No.10 of 2001 in and by which the High Court affirmed the conviction of appellant-accused No.1 under Section 302 IPC read with Section 34 IPC and the sentence of life imprisonment imposed upon him. The High Court also affirmed the conviction of the appellant under Section 307 IPC read with Section 34 IPC and under Section 25(c) of the Arms Act and the sentence of imprisonment imposed upon him. The High Court acquitted the appellant for the offence under Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

2. Brief facts which led to filing of this appeal are:-

On 23.11.1997 at about 09.00 PM, accused Nos.1 to 5 along with their servant (accused No.6) and another one accused gathered themselves and started ploughing the disputed road with a tractor for which a civil suit in Regular Suit No.131 of 1997 filed by complainant-Somabhai Rupabhai (PW-3) against appellant-accused No.1 and accused No.3 was already pending before the Court of Civil Judge, Modasa. According to the prosecution, the sa