( 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 intervening night of 30th September and 1st October 1994 at 1. 45 a. m. and it was alleged that three accused persons with common intention to commit murder of alamkhan attacked him. It was alleged that accused No. 1 inflicted blows with Barchhi and accused Nos. 2 and 3 inflicted blows with knives over his face and other parts of the body and the injuries sustained by alamkhan could have caused his death and the accused persons would, have been held guilty of the offence of the murder in case alamkhan would have died due to fatal injuries. The present appellant inflicted blows with Barchhi and on Alamkhan and parvezkhan. Accused No. 2 was alleged to be armed with knife and be had also attacked alamkhan. With regard to accused no. 3-Ibrahimbhai, it was told that he was not carrying any arm but he did give blows. Parvezkhan had intervened to save his father and sustained injuries. The accused persons as well as the members of the complainant family are residing in the same area and are also said to be related mutually. The dispute is said to have started because the Ahmedabad Municipal corporation had acquired land where the complainants forefathers were residing. The land was acquired for the purpose of construction of vegetable market during 1976-77. Usmanbhai who was doing the business of transport and truck driving had unlawfully taken possession of the said land and gradually he had constructed godowns over it and had retained one of them for his business and office which he was running in the name of New Avdhut roadways Transport Company and the other godowns were being used by Punjab transport, Shreeji Transport and Bedco transport Companies for their business purpose. It is said that during September 1977 to April 1981, Alamkhan had preferred application to the Ahmedabad Municipal Corporation for initiating action of removal of unauthorised encroachment which had been made by the accused persons but the employees of the Corporation did not take any action and therefore on 15-8-1982 and 8-7-1983 Alamkhan-preferred applications to the Corporation and on the basis of these applications proceedings were initiated for removal of the unauthorised encroachments. When the proceedings were initiated for demolition of the godowns constructed in an unauthorised manner, Usmanbhai and other godown keepers instituted a civil suit and obtained injunction against the Corporation. The relations between family members of alamkhan and accused were strained for that reason and the security proceeding were also held during July and August 1983 and the cross-cases were pending between the parties at the time of incident. On 30-9-1984 at about 10. 00 p. m. to 10. 30 p. m. Alamkhan and Parvezkhan went to sleep on their respective cots outside their house after taking their