JUDGMENT :

(PER : HONOURABLE MR. JUSTICE A.Y. KOGJE)

1. These are the four appeals under Section 374 of the Code of Criminal Procedure against the judgment and order dated 22.08.2019 by the Sessions Judge, Vadodara in Sessions Case No.103 of 2018. By the aforesaid judgment, the appellants were convicted for offences under Sections 302 , 506(2) and 114 of the INDIAN PENAL CODE (for short “IPC”) read with Section 135 of the GUJARAT POLICE ACT .

2. Pursuant to such conviction, all the four appellants have been inflicted with rigorous imprisonment for life and fine of Rs.25,000/- under Section 302 of IPC.

2.1. All the appellants have also been imposed punishment for three years of rigorous imprisonment under Sections 506(2) of IPC and for offence under Section 135 of the GP Act, fine of Rs.100/- is imposed.

3. The incident was registered as offence being C.R. No.-I-55 of 2018 with Panigate Police Station, Vadodara and was thereafter committed as Sessions Case No.103 of 2018. The record indicates compliance of necessary provisions of Code of Criminal Procedure, particularly Section 209 insofar as procedure of trial is concerned.

3.1. The incident was reported of 26.03.2018 at about 11:30 P.M.. The informant-Jaydeepbhai Vishnubhai Thakkar alongwith his friends Vicky Kishorbhai Kanojiya (deceased) accompanied by other friends went to play cricket at an open ground at Gomtipura area.

3.2. While the play was in progress, the convicts arrived at the scene of offence armed with swords and inflicted sword injury on vital part of the body and when informant tried to intervene, he was also assaulted and threatened because of which he ran way from the spot and later on came to know that Vicky who was severely injured was taken to Global hospital for treatment, but the said Vicky succumbed to the injuries.

3.3. The appellants were charged vide Exh.7 where the complainant Jaydeepbhai Vishnubhai Thakkar and his friend–Vikki Kishorbhai Kanojiya were playing cricket with other friends on 26.03.2018 at 23:30 o’clock near the corner of Gajrawadi, Gomtipura and at that time, one of the accused–Vishal @ Langdo Rajubhai Pawar saw deceased Vikki Kanojiya playing cricket over there and informed his father–accused No.1-Raju @ Balkrushna Shivajirao Pawar and accused no.3–Dhaval and also stated that deceased scuffled and quarreled over the rash driving of motorcycle at the time of previous Holi festival and the deceased had beaten accused–Dhaval Pawar in the said quarrel, bearing grudge thereof, as the appellant Vishal informed appellants Raju, Dhaval and Akshay that the deceased is playing cricket, all the convicts armed with the swords in order to kill the deceased, the convict no.2 by Aviator No.GJ-06-LH-8235 and convict Akshay Arunbhai Borade by Motorcycle No.GJ-06-EK-4316 reached where the accused was playing cricket, kept vehicles across, the accused Raju Pawar and Vishal inflicted sword on the deceased and as the deceased brought hand in order to save himself, grave injury was caused on the hand, cut the fingers. When the complainant tried to defend Vikki, convict no.1 assaulted the complainant with sword and to kill him, the deceased ran to save his life, however, the accused chased the deceased with swords and inflicting indiscriminate blows of sword, causing his death on the spot, the convict no.4 ran on his motorcycle with Raju Pawar and Dhaval and Vishal also fled away leaving his Aviator vehicle at the scene of offence and thus, all the accused abetted each other in the said offence.

4. Learned advocates Mr. Pratik Barot and learned advocate Mr. Alkesh Shah appearing for appellants in Cr