JUDGMENT :

C.K. Buch, J.

Criminal Appeal No.523 of 1997 is preferred by the appellants-orig. accused no.8-Jina Vershi and orig. accused no.14-Khoda Vershi (hereinafter referred to as 'accused no.8 and accused no.14' respectively) challenging the judgment and order of conviction and sentence dated 31st March 1997, passed by learned Sessions Judge, Surendranagar, in Sessions Case No.39 of 1995, whereby the learned trial Judge at the end of trial has convicted accused no.8 for the offence punishable under Section 302 of the Indian Penal Code and convicted accused no.14 for the offence punishable under Sections 302 and 326 of the Indian Penal Code. The learned trial Judge has sentenced each accused no.8-Jina Vershi and accused no.14-Khoda Vershi to undergo imprisonment for life and each of them to pay a fine of Rs. 1000/- and in default of payment of fine, further to undergo rigorous imprisonment for three months for the offence punishable under Section 302 of the Indian Penal Code. Accused no.8-Jina Vershi is further sentenced to undergo rigorous imprisonment for three years and fine of Rs. 250/- and in default of payment of fine to undergo further rigorous imprisonment for one month, so far as offence punishable under Section 326 of the Indian Penal Code is concerned.

2. Criminal Appeal No.532 of 1997 is preferred by the appellants-orig.accused no.5-Dashrath Okha and orig. accused no.10-Chatur Harji (hereinafter referred to as 'accused no.5 and accused no.10' respectively) challenging the judgment and order of conviction and sentence dated 31st March 1997, passed by learned Sessions Judge, Surendranagar, in Sessions Case No.39 of 1995, whereby the learned trial Judge at the end of trial has convicted accused nos.5 and 10 for the offence punishable under Section 302 of the Indian Penal Code and sentenced each of them to undergo imprisonment for life and to pay a fine of Rs. 1000/- and in default of payment of fine, further to undergo rigorous imprisonment for three months for the offence punishable under Section 302 of the Indian Penal Code. Both the accused nos.5 and 10 are further sentenced to undergo rigorous imprisonment for three years and each to them to pay a fine of Rs. 250/- and in default of payment of fine each of them is sentenced to undergo further rigorous imprisonment for one month, so far as offence punishable under Section 326 of the Indian Penal Code is concerned.

3. Criminal Appeal No.539 of 1997 is preferred by the appellant-orig.accused no.3-Dharamshi Harji (hereinafter referred to as 'accused no.3') challenging the judgment and order of conviction and sentence dated 31st March 1997, passed by learned Sessions Judge, Surendranagar, in Sessions Case No.39 of 1995, whereby the learned trial Judge at the end of trial has convicted accused no.3 for the offence punishable under Section 302 of the Indian Penal Code and sentenced him to undergo imprisonment for life and to pay a fine of Rs. 1000/- and in default of payment of fine, further to undergo rigorous imprisonment for three months for the offence punishable under Section 302 of the Indian Penal Code.

4. Total 15 persons have been prosecuted for various offences for the incident occurred on 28th February 1995 at 07-00 p.m. in village Odu, Tal. Patdi, Dist. Surandranagar. All these accused were arrested for the offences punishable under Sections 147, 148, 149 read with Sections 302 and 326 of the Indian Penal Code and also under Section 135 of the Bombay Police Act. As per the case of the prosecution, all the 14 accused persons were the members of the unlawful assembly and most of them were holding deadly weapons in their hands and they had cornered and assaulted Dharamshi Bhikha. On account of the blows inflicted upon him, Dharamshi Bhikha-brother of the complainant-Kaliben Bhikhabhai, had died on the site, more particularly on account of the blows inflicted on his head-the most vital part of the body. The accused simultaneously caused injuries to the complainant-