Sonia Gokani, J

Appellants herein are the original accused of Sessions Case No.292 of 2011, who are aggrieved by the judgment and order of conviction passed by the learned Additional Sessions Judge, Court No.4, Ahmedabad City on 16.02.2013. Each of them individually preferred the Appeal being Criminal Appeals no. 527 to 530 of 2013 and since they all arise from a common judgment and questions of facts and law being identical in each of these appeals, they are being decided by this common judgment. Appellants (convicts) shall also be referred to A1 to A4, wherever their reference is needed in this judgment.

2. Facts in a nutshell are narrated as under:

2.1 The case of the prosecution as unfolded before the Court is that on 30.03.2011 as India won cricket match against Pakistan, the accused were celebrating that glorious moment by bursting crackers. People following different religions, since resided in this area known as " Magan Kumbhar's Mandir Chawl" ("the Chawl" for short), the complainant Rupesh alias Roopchand Harishchand and his brother Sunil alias Jagdish persuaded the accused not to celebrate by bursting crackers, since, they apprehended adverse reactions from other community based on their past experience. This was taken in a very offensive manner by all the appellant convicts who not only abused them, but, went home to fetch deadly weapons. Accused No.1 Dipak alias Dipu Kaluji Tank Khatik (A1) gave two to three blows of sword, Accused No.2 Mahendra Kaluji Tank Khatik (A2), Accused No.3Lalchand alias Bodiyo Kaluji Tank Khatik(A3) and Accused No.4 Mahesh alias Bhomo Kaluji Tank Khatik(A4) with iron pipes gave blows to the complainant and his brother Sunil. While under treatment, Sunil succumbed to the injuries on 31.03.2011 and the complainant-Rupesh lodged the First Information Report on 31.03.2011, which was registered as C.R.No.I200 of 2011 by Gomtipur police station for the offenses punishable under sections 307, 329, 294, 114 of the Indian Penal Code where section 302 and section 135 of the Bombay Police Act were also added after due investigation. Investigations culminated into filing of charge sheet before the Court of learned Metropolitan Magistrate.

2.2 The case, thereafter, was committed by the learned Metropolitan Magistrate to the Court of Sessions, as the offenses are exclusively triable by the Court of Sessions.

2.3 When the appellants accused pleaded not guilty, the charges came to be levelled against them vide Exh.2 on 15.09.2011 by Court No.10 of the learned Additional Sessions Judge and the prosecution examined as many as 16 witnesses and proved 28 documentary evidence to substantiate the charges. In a tabular form, details are incorporated of witnesses with exhibits as under"

Sr. No.	P.W. No.	Name of the witness	Exh.
A	Complainant
1	PW-2	Rupesh @ Roopchand Harishchand	20
B	Witnesses
C	PW-11	Babulal Lalchand	51
1	PW-1	Dr.Bhavin S. Shah	11
2	PW- 13	Dr.Beena K. Parikh	54
D	Panch witnesses
1	PW-3	Hardik Arvindbhai	23
2	PW-4	Govindbhai Ranchhodbhai	27
3	PW-5	Kandarp Lalbahadur Rajput	29
4	PW-6	Hardik Jayeshbhai	32
5	PW-7	Vijaybhai Shivaji Thakar	33
6	PW-8	Mukesh Manilal Yadav	35
7	PW-9	Prakash Ravjibhai	39
8	PW-10	Laxmanbhai Ratanbhai Khatri	43
E	Police Witnesses
1	PW-12	Praful Ramjibhai Bhagora	52
2	PW-14	PSI-Shri H.S.Rathod	58
3	PW-15	PI-Shri V.M.Sharma	61
4	PW-16	PSO-S. M.Vasava	73

      D FSL Documents

Sr. NO.	Description	Exh.
A	Complaint
1	Complaint FIR	21
2	Report under Section 157 to register complaint	60
3	Hospital Vardhi	59
4	Hospital Vardhi after death of deceased	63
5	Notification for prohibition of weapons	70
6	Map drawn by Circle	71
B	Medical Documents
1	P.M. Report	1