JUDGMENT

J.B. Pardiwala, J.

1. As all the captioned four Appeals arise from a common order of conviction and sentence passed by the Additional Sessions Judge, 6th Fast Track Court, Gondal, Camp: Jetpur dated 12th July, 2007 in Sessions Case No. 55 of 2006, those were heard analogously and are being disposed of by this common judgment and order. Criminal Appeal No. 1132 of 2007 has been filed by the original accused No. 6, namely, Rahimsha Rafiksha Kadri, Criminal Appeal No. 1158 of 2007 has been filed by the original accused No. 2, namely, Muzufar Imam @ Guddu Akbar Imam, Criminal Appeal No. 1245 of 2007 has been filed by the original accused No. 1-Akbar Imam Mazhar Saiyed, the original accused No. 2-Muzufar Imam @ Guddu Akbar Imam, the original accused No. 4-Manzar Imam Akbar, the original accused No. 5-Shabbir Yusufbhai Kadri and the original accused No. 6-Rahimsha Rafiksha Kadri, Criminal Appeal No. 1013 of 2007 is a successive Appeal filed by the original accused No. 4, namely, Shamim Imam Akbar Imam Kadri.

2. The present Appeals are at the instance of six convicts of me offence under Sec. 302 read with Sec. 34 of the Indian Penal Code and is directed against the order of conviction and sentence dated 12th July, 2007 passed by the learned Additional Sessions Judge, 6th Fast Track Court, Gondal, Camp at Jetpur in Sessions Case No. 55 of 2006. By the aforesaid order, the learned Addl. Sessions Judge found the appellants guilty of the offence under Sec. 302 of the Indian Penal Code, read with Sec. 34 of the Indian Penal Code and consequently sentenced them to suffer life imprisonment and a fine of Rs. 10,000/- each for the offences punishable under Sec. 302 of the Indian Penal Code. In default of payment of fine, the appellants were directed to undergo further simple imprisonment for one year. The learned Addl. Sessions Judge found the original accused Nos. 5 and 6 guilty also of the offence punishable under Sec. 135 of the Bombay Police Act, and consequently sentenced them to suffer rigorous imprisonment for four months and a fine of Rs. 500/- each. In default of payment of fine, the original accused Nos. 4 and 5 were directed to undergo further simple imprisonment for one month.

3. At this stage it may not be out of place to state that the original charge framed by the trial Court at Exh. 15 against the appellants, was one of the offences under Secs. 147, 143, 149, 337, 302 and in the alternative of the offence under Sec. 302 read with Sec. 34 of the Indian Penal Code. It appears that the trial Court acquitted all the appellants of the offence under Secs. 143, 147, 149 and 337 of the Indian Penal Code. The learned Additional Sessions Judge also acquitted the original accused Nos. 1, 2, 3 and 4 of the offence under Sec. 135 of the Bombay Police Act. However, ultimately convicted all the appellants of the offence under Sec. 302 read with Sec. 34 of the Indian Penal Code.

4. The case of the Prosecution:

"5.1. Shorn of the facts, the case of the prosecution, as could be unfolded from the charge Exh. 15 is that the mother of the complainant, the P.W. 12, namely, Mariyamben had passed away and 2nd February, 2006 i.e. date of the incident, was the 40th day of the death of the mother of the P.W. 12-complainant. Ordinarily on the 40th day of the death of the person in the Muslim community a ritual known as Milad (Molud), is performed and the same was organised at the house of the P.W. 12-complainant on 2nd February, 2006 at 20-00 hours. The ritual was to be performed at the Ghetawala Plot, Near Hanuman Temple at Jetpur City. Many persons had gathered to attend the ritual of Milad. It is the case of the prosecution that at that time a quarrel ensued between Irfan aged 10, the son of the complainant's brother and one Hyder Yusuf, the brother of the accused No. 5 on the issue of sitting on a chair. As the two minors were fighting with each other, the brother of the complainant i.e. the deceased, gave one slap to each of the two minor boys. T