Akil Kureshi, J.

After completion of the arguments in these appeals, we had reserved the pronouncement of judgment. When the appeals were taken up for pronouncement of judgment, learned advocate Mr. Pawan Barot for Mr. P.B. Khanderia informed us that Digvijaysinh Balvantsinh Jadeja (original accused no.6) expired on 2.7.2017. He shall produce the death certificate on record by 31.8.2017. In view of this development, the State appeal as well as the appeal of the complainant qua original accused no.6 would abate.

2. These appeals arise out of a common judgment dated 1.11.2010 rendered by the learned Additional Sessions, Rajkot in Sessions Case no.88/2006. As many as 16 accused were tried for offences punishable under sections 302, 307, 143, 147, 148 34, 120-B and 201 of the Indian Penal Code and sections 25(1A), 25(1B) and 27 of the Arms Act and section 135 of the Bombay Police Act. Learned Judge acquitted all the accused, except accused no.7 Samir Sirajbhai Pathan. He was convicted for offences punishable under sections 302 and 341 of the IPC, section 135 of the Bombay Police Act and sections 25(1A) and 25(1B) of the Arms Act and sentenced to life imprisonment. The convicted accused no.7 has filed Criminal Appeal No.2049/2010 challenging his conviction and sentence. Original complainant Jayesh @ Pancha Muljibhai Satodiya has filed Criminal Appeal No.331/2011 challenging the acquittal of the accused. The State has preferred Criminal Appeal No.75/2011 also challenging the acquittal of the accused.

3. Briefly stated, the prosecution version was that there was a long standing rivalry and bitter disputes between the two factions belonging to the same political party. There were previous violent incidences due to this. The incident took place in the city of Gondal. On 8.2.2004 at about 10 O' clock, witness Ramjibhai Pragjibhai Marakna was travelling in his utility jeep car along with complainant Jayesh @ Pancha Muljibhai Satodiya and deceased Nilesh Mohanbhai Rayani. Their car was chased by other vehicles and intercepted. Ramjibhai Pragjibhai who was till then driving the vehicle immediately realised the seriousness of the situation and told Nilesh Rayani, his younger companion, to take over the driving. Nilesh took the driver's seat and drove the vehicle ignoring the obstacles created by the intercepting vehicle. His car dashed against the vehicle and in the process, he lost control and his vehicle banged against the road side railing. Thereupon, all the assailants got down from different vehicles. They were armed with firearms and other deadly weapons such as sword, hockey-sticks, etc. They fired on the vehicle. Complainant Jayeshbhai and witness Ramji Pragji escaped by jumping out of the vehicle through the broken windshield. The assailants indiscriminately fired at Nilesh Rayani causing his death. It appears that his dead body was thrown at an isolated place a little distance away.

4. We may record the gist of the evidence. Jayesh Muljibhai Satodiya, PW-41, exh.465, was the first informant and also an eyewitness. He deposed that he is a resident of Gondal. On the night of the incident i.e on 8.2.2004 after dinner, he was at a Paan shop near his house talking to his friends. At that time, Ramjibai Pragjibhai Marakna (PW-42), came there along with Nilesh Rayani, the deceased, in his white coloured utility car. With them he went to Kanya Chatralaya on the highway. At the Chatralaya, Ramji called one Vitthalbhai Dhaduk outside by giving a phone call. He did not know what conversation took place between them since he was standing a little distance away. From there in the utility car, they started going towards Rajwadi area. Car was being driven by Ramjibhai. He was sitting next to Ramjibhai. Nilesh was occupying the back seat. At about 10 O' clock at night, near Devpara Central talkies, one Indica car overtook their vehicle and dashed against it and stopped in front of the vehicle. Ramjibhai got down and sat in the back seat tel