( 1 ) PRESENT set of appeals arises out of a judgment and order rendered by the sessions Court. Ahmedabad (Rural), ahmedabad, on 19th August, 1998, in sessions case No. 22 of 1996.

1. 1 The two appellants came to be tried by the Trial Court along with two other accused persons, namely, Nainaben, wife of rasikbhai Gopalbbai Patel and Vinod alias bako Ramubhai Patel. They all were tried for the offence of murder, attempt to commit murder, unlawful assembly, criminal intimidation, causing insult intended to provoke breach of peace and rioting while armed with deadly weapons, punishable under the Indian Penal Code ("ipc" ). They were also tried for the offence punishable under Section 135 of the bombay Police Act and the offences punishable under Sections 3 (1) (x) and 3 (2) (v) of the Scheduled Castes and scheduled Tribes (Prevention of Atrocities)Act, 1989 ["atrocities Act" for short]. The trial Court convicted Rasikbhai Gopalbhai patel (original accused No. 1) and Kishor alias Tijori Kunjbihari Sharma (original accused No. 4) while acquitting original accused No. 2-Nainaben, wife of Rasikbhai gopalbhai and Vinod alias Bako shambhubhai Patel.

1. 2 Both the convicts (original accused nos. 1 and 4) came to be convicted for the offence of murder under Section 302 read with Section 34 of IPC and were sentenced to imprisonment for life and a fine of rs. 500/-, in default, to undergo further imprisonment for a period of 30 days. They were also convicted for. the offence of attempt to murder punishable under Section 307 read with Section 34 of IPC and sentenced to imprisonment for life. So far as original accused No. 1-Rasikbhai gopalbhai Patel is concerned, he was convicted for offence punishable under section 504 of IPC and sentenced to undergo rigorous imprisonment for three months. For the offence under Section 506 (2), he was convicted and sentenced to undergo rigorous imprisonment for one year and for the offence punishable under section 135 of the Bombay Police Act, he was convicted and sentenced to undergo rigorous imprisonment for four months and a fine of Rs. 100/-, in default, to undergo simple imprisonment for a period of 7 days. Original accused No. 1-Rasikbhai Gopalbhai patel and original accused No. 4-Kishor alias Tijori Kunjbihari Sharma also came to be convicted for the offence punishable under Section 3 (2) (v) of the Atrocities Act. but no separate sentence came to be awarded therefor by the Trial Court. Both of them were acquitted of the charges under section 3 (1) (x) of the Atrocities Act and sections 3 and 7 of the Protection of Civil rights Act.

1. 3 Aggrieved by the said judgment and order, original accused No. 1-Rasikbhai gopalbhai Patel has preferred Criminal appeal No. 948 of 1998, whereas original accused No. 4-Kishor alias Tijori Kunjbihari sharma has preferred Criminal Appeal no. 1020 of 1998. No appeal is preferred by the State against the acquittal of original accused Nos. 2 and 3.

( 2 ) ORIGINAL accused No. 1-Rasikbhai gopalbhai Patel is represented by learned advocate, Mr. J. M. Panchal, whereas original accused No. 4-Kishor alias Tijoni kunjbihari Sharma is represented by learned Advocate, Mr. Haresh Joshi, appearing for M/s Thakkar Associates.

( 3 ) THE prosecution case, as emerging from the record, is that the incident in question occurred on 8th September, 1995 around 21. 30 hours, near Saraswati Society, located in Chandkheda area of Ahmedabad. It is the case of the prosecution that the four accused arraigned before the Trial Court along with an unidentified person formed an unlawful assembly with a common object to cause murder of deceased-Piyush kantilal Makwana and also to murder ashok Kantilal Makwana and, in furtherance of their common object, they committed assault while being armed with deadly weapon. It is the case of the prosecution that in furtherance of the common object, they picked up a quarrel with injured witness-Ashok Kantilal on the ground of his having gone to a p