ORAL JUDGMENT

1. The present appeal under Section 374 of the Code of Criminal Procedure, 1974, the appellant has challenged the judgment and order on conviction dated 23.12.2003 passed by the learned Additional Sessions Judge, Court No.9, Ahmedabad in Sessions Case No.308 of 2000, whereby and whereunder, while acquitting under Sections 302, 120(B) of Indian Penal Code (“I.P. Code” for short) and Section 135 of Bombay Police Act (“B.P. Act” for short) the appellant came to be convicted for the offence punishable under Section 201 of I.P. Code.

2. The prosecution case as mentioned in paragraph No.1 of the impugned judgment are as under:-

2.1. As per the case of the prosecution accused No.1 to 4 in the instant case are allegedly involved in hatching a criminal conspiracy to kill Yasinmiya Hussainmiya and in pursuance thereof, on dated 18.03.1997 between 13:00 to 13:30 hours near Sarvodaya Commercial Shopping Complex while Yasinmiya was going on his scooter for reaching to the Court, accused no.1 and one Mehamoodkhan (since deceased) had intercepted and accused No.1 gave blow with knife he had with him on the right sid of abdomen of the deceased and Mehamoodkhan, since deceased, had also