( 1 ) BOTH the abovereferred Criminal appeals have arisen from the same judgment and order delivered by the learned additional Sessions Judge, Narol on 19th april, 1986 in Sessions Case No. 12/1986. There were in all nine accused and were charged with the offences punishable under sections 148, 323, 307, 302 to read with section 149 of the Indian Penal Code us well as for the offences punishable under section 135 of the Bombay Police Act. 1951.

( 2 ) VIDE abovesaid judgment and order, the learned trial Judge acquitted all the nine accused for the offences charged against them so far as the offences punishable under Sections 302, 307, 148 and 149 of the Indian Penal Code is concerned. While, except accused No. 1 - Ashok Somalal thakkar and accused No. 3 - Arvind somalal Thakkar, all other accused also were acquitted by the Trial Court for the rest of the offences charged against said seven accused. Vide abovesaid judgment and order, accused No. 1 was convicted for the offence punishable under Section 323 of the Indian Penal Code and was sentenced to undergo rigorous imprisonment of nine months and to pay fine of Rs. 1,000/-, in default, to undergo imprisonment of six months, while accused No. 3 was convicted for the offence punishable under Section 324 of the Indian Penal Code and was sentenced to undergo rigorous imprisonment of two years and to pay fine of Rs. 1,000/-, in default, to undergo imprisonment of six months. Accused No. 1 and 3 as aforesaid were acquitted by rest of the charges levelled against them.

( 3 ) AGAINST the abovesaid judgment and order, so far as the order of acquittal of learned trial Judge is concerned in respect of all the accused, the State has preferred criminal Appeal No. 765/1986, while accused No. 1 Ashok Somalal Thakkar and accused No. 3 Arvind Somalal Thakkar. both preferred Criminal Appeal No. 602/ 1986 against the conviction of each of the accused as aforesaid. According to the prosecution case. deceased and victim of the incident is bhailalbhai Madhabhai Patel, while injured is one Banesingh Vajesingh and one rameshbha. The incidents have taken in two parts, but as per the prosecution case, both the incidents have occurred in the same transaction and, therefore, the accused were charged in the same charge-sheet for both the incidents. According to the further prosecution case, deceased Bhailalbhai madhabhai Patel and witness Jalaji Vajaji and other prosecution witnesses had enmity with accused persons and on account of that on 12th September, 1985 at about 9. 30 a. m. all the accused formed unlawful assembly and with weapons like dharia, iron rod, sticks etc. first caused injuries to witness and complainant Banesingh Vajesingh near the houses of Gujarat Housing Board at village Chandkheda on. O. C. Road and, thereafter, they chased the witness - Jalaji vajaji and near double storied buildings of gujarat Housing Board caused injuries to deceased - Bhailalbhai Madhabhai Patel, who died on 14th September, 1985 and caused injuries to witness Rameshbha. The complaint came to be filed by witness banesingh Vajesingh at Adalaj Police station right after the incident. According to the further prosecution case, injured banesingh Vajesingh were three brothers, out of them two were residing at village chandkheda and to see his brothers, witness bunesingh Vajesingh used to visit village chandkheda about twice in a month and, therefore, he knew people residing at village chandkheda. On the day of incident, he had been to Sabarmati at 8. 30 a. m. for purchasing dhotis, and his brother - Jalaji vajaji and one Vajubha Ramaji both had accompanied him. Vajubha Ramaji happened to be his cousin brother. After purchasing dhotis from Sabarmati, all these three persons were returning to village chandkheda in one rickshaw. When their rickshaw reached near housing colony from the road of Railway Station and turned towards the housing colony, they noticed eight persons standing there, out of which banes