JUDGMENT

K. Jayachandra Reddy, J.- A rioting took place on 11th day of October, 1988 at about 3 p.m. in Baroda Rayon Corporation Housing Colony during the course of which one Pandharinath Dagu Patil, hereinafter referred to as the 'deceased', was killed. In respect of this occurrence six accused were tried for having committed offences punishable under Section 302 read with Section 149 Indian Penal Code and under Section 135 of the Bombay Police Act. The Trial Court convicted accused Nos. 1 and 5 under Section 302 read with Section 34 of the Indian Penal Code and sentenced to imprisonment for life. The rest of the accused were acquitted. The two convicted accused preferred an appeal against their convictions and the State also preferred an appeal against the acquittal of the remaining accused. The High Court of Gujarat dismissed the appeal filed by accused Nos. 1 and 5 and allowed the appeal filed by the State and convicted accused No.4 under Section 304/34 of the Indian Penal Code and sentenced him to undergo imprisonment for life. Accused Nos. 2 and 6, however, are convicted under Section 326 read with Section 34 and each of them is sentenced to suffer R.I. for five years.

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