( 1 ) THIS Criminal Appeal is directed against the judgment and order dated 16-10- 1985 passed by the learned Additional City sessions Judge, Court No. 2, Ahmedabad, in sessions Case No. 41 of 1985 whereby he convicted the present appellant Bashirkhan alias Babukhan Mohmedkhan Pathan under section 307 of IPC and sentenced him to rigorous imprisonment for a period of three years and to pay a fine of Rs. 200/- and in default to suffer further rigorous imprisonment for two months. He was also found guilty and convicted under Section 324 of ipc and sentenced to suffer rigorous imprisonment for six months and to pay a fine of Rs. 100/- and in default to suffer further rigorous imprisonment for one month. The substantive sentence were ordered to run concurrently. The other accused persons namely Abbasbhai Usmanbhai and ibrahimbhai Usmanbhai were acquitted.

( 2 ) WITH regard to an incident dated- 1-10-1984 which happened in the City of ahmedabad in a chawl near Rozi Cinema in house No. 562/39 at 1. 45 a. m. the FIR was lodged by the Parvezkhan against three accused appellant and two other accused persons, namely Abbasbhai and ibrahimbhai. The incident happened in the inter