Z.K. Saiyed, J.

1. This Appeal preferred under Section 374(2) of the Code of Criminal Procedure, 1973 ("Code, 1973"), arises out of judgment and order dated 24.12.2010 passed by the learned Additional Sessions Judge, Fast Track Court No. 3, Khambhaliya, in Sessions Case No. 131 of 2008, whereby conviction and sentence imposed upon the appellant - accused No. 6 - Narshi Bhavan Piprotar for the offences punishable under Sections 143,147, 148, 427, 506(2), 302 and 149 of the Indian Penal Code and Sections 25(1)(a) of the Arms Act. The appellant-accused was ordered to undergo simple imprisonment for one month and to pay a fine of Rs. 200/-, in default of the same, to undergo further rigorous imprisonment of ten days, for the offences punishable under Sections 143 of the Indian Penal Code, for the offence punishable under Section 147 of the Indian Penal Code, he was ordered to suffer one year simple imprisonment and to pay a fine of Rs. 200/-, in default, further to undergo ten days rigorous imprisonment, for the offence punishable under Section 148 of the Indian Penal Code, he was ordered to suffer one year simple imprisonment and to pay a fine of Rs. 1000/-, in default, further to undergo two months rigorous imprisonment, for the offence punishable under Section 427 of the Indian Penal Code, he was ordered to suffer one month simple imprisonment and to pay a fine of Rs. 200/-, in default, further to undergo ten days rigorous imprisonment, for the offence punishable under Section 506(2) of the Indian Penal Code, he was ordered to suffer one year simple imprisonment and to pay a fine of Rs. 1000/-, in default, further to undergo two months rigorous imprisonment, for the offence punishable under Section 302 read with Section 149 of the Indian Penal Code, he was ordered to suffer life imprisonment and to pay a fine of Rs. 5000/-, in default, further to undergo one year rigorous imprisonment. Besides, the appellant was also ordered to suffer five years simple imprisonment along with fine of Rs. 3000/-, in default, further two years rigorous imprisonment for the offences punishable under Section 25(1)(a) of the Arms Act. All the sentences shall run concurrently. Along with present appellant, there are other five co-accused in the aforesaid Sessions Case and they were also awarded the sentence by the learned Sessions Judge, but only the present appellant has preferred the appeal before this Court against the impugned judgment and order.

2. The facts in short of the case of prosecution is such that the complainant lodged the complaint being CR I No. 43 of 2008 for the offences punishable under Sections 302,504, 506(2), 143, 147, 148, 149, 427 of the Indian Penal Code and under Section 25(1)(a) of the Arms Act and also under Section 135(1) of the Bombay Police Act, before Bhanvad Police Station stating that the complainant - Vashrambhai Rudabhai Karena and his two brothers residing separately at village Bhoriya, Ta. Bhanvad, Dist. Jamnagar, engaged in the agricultural activities in the field, where the water was coming through the pipeline. The complainant has 20 Vighas land of share, which is known as "Vachara Valu" and on the western side of the said land, there was land of mashri mengo, which was purchased by the accused No. 1 - Bhavan Vajsi Piprotar before seven years from the incident and son of said accused No. 1 - Vijaybhai was residing in the said village. It is the say of the complainant that the water was coming through pipeline to the field of the complainant through machine and said pipeline was coming just adjacent to the field of the accused No. 1. Therefore, the accused No. 1 quarreled with the complainant for removing said pipeline before one month and oftenty, the said accused quarreled with the complainant with regard to the field, which was purchased and for the said dispute, litigation was also filed before the appropriate forum. On 30.9.2002, at about 2:00 p.m., the complainant's brother namely Rameshbhai came b