Important Point
Compensation can be awarded to victims of crime.

K.S. Jhaveri, J.

1. All these appeals are preferred against the judgment and order dated 24.10.2008 passed by Additional Sessions Judge, Court No. 4, Ahmedabad City in Sessions Case No. 211 of 2000 and allied matters. By the impugned judgment, accused No. 2-Mahipalsinh Ajabsinh Chauhan is held guilty for offence under Section 324 read with Section 34 of the Indian Penal Code (for short, "IPC") and ordered to undergo rigorous imprisonment for three years with fine of Rs. 10,000/- and, in default of payment of fine, he was ordered to undergo further simple imprisonment for one month, he is also held guilty for offence under Section 302 of IPC and ordered to suffer rigorous imprisonment for life and to pay fine of Rs. 25,000/- and, in default of payment of fine, further simple imprisonment of one year was imposed. Being aggrieved by it, this accused has preferred Criminal Appeal No. 2807 of 2008.

1.1 By the impugned judgment, accused No. 10-Mukesh Jagdishbhai Thakore is held guilty for offence under Section 324read with Section 34 of IPC and ordered to undergo rigorous imprisonment for three years with fine of Rs. 10,000/- and, in default of payment of fine, he was ordered to undergo further simple imprisonment for one month, he is also held guilty for offence under Section 302 of IPC and ordered to suffer rigorous imprisonment for life and to pay fine of Rs. 25,000/- and, in default of payment of fine, further simple imprisonment of one year was imposed. Being aggrieved by it, this accused has preferred Criminal Appeal No. 2806 of 2008.

1.2 By the impugned judgment, accused No. 11-Rajubhai Ganeshbhai Madrasi is held guilty for offence under Section 324read with Section 34 of IPC and ordered to undergo rigorous imprisonment for three years with fine of Rs. 10,000/- and, in default of payment of fine, he was ordered to undergo further simple imprisonment for one month, he is also held guilty for offence under Section 302 of IPC and ordered to suffer rigorous imprisonment for life and to pay fine of Rs. 25,000/- and, in default of payment of fine, further simple imprisonment of one year was imposed. Being aggrieved by it, this accused has preferred Criminal Appeal No. 2808 of 2008.

1.3 By the impugned judgment, accused No. 12-Jagdishbhai Babubhai Thakore is held guilty for offence under Section 324read with Section 34 of IPC and ordered to undergo rigorous imprisonment for three years with fine of Rs. 10,000/- and, in default of payment of fine, he was ordered to undergo further simple imprisonment for one month, he is also held guilty for offence under Section 302 of IPC and ordered to suffer rigorous imprisonment for life and to pay fine of Rs. 25,000/- and, in default of payment of fine, further simple imprisonment of one year was imposed. Being aggrieved by it, this accused has preferred Criminal Appeal No. 2805 of 2008.

2. The facts in brief giving rise to the filing of present appeal are as under:

"2.1 It is the case of the prosecution that Lubi Electrical Co. Ltd. is situated in Naroda area near Memco and AMC workshop. Workers of the unrecognized union, Gujarat Mazdoor Union, were gathering near the main gate of the company for agitation. Everyday 200 to 400 workers, at the time of shift change, at about 4.30 to 4.45 p.m. were doing it. Therefore, police protection was taken by the management. The police protection was withdrawn 4 to 6 days prior to the incident. On the previous day of the incident, leaders of agitating workers were suspended by the labour officer of the company and one of the suspended employee is the complainant in the present case. On 25.7.1998, the agitating workers started pelting stones on the time-keepers office and inside the company. Therefore, urgently police protection was sought but after some time the stone pelting resumed and accused No. 2-Mahipalsinh, who was the security man in the co