ORDER :

1. The appellants in two appeals who were A-1 (Ismail @ Barafwala Latifbhai), A-5 (Usmangani alias Bhura Abdulgafar) and A-13 (Yunusmohammed Chandmohammed Shaikh) in the sessions trial have been convicted under Sections 396, 395, 307, 435 and 201 read with Section 149 of the Indian Penal Code and sentenced to undergo life imprisonment by the learned trial Court. In appeal, the High Court while maintaining the conviction altered the sentence to one of rigorous imprisonment for ten years. The aforesaid accused are in appeal before this Court.

2. The prosecution case, in short, is that on 17-11-2003 between 9:00 a.m. to 11:00 a.m. a crowd of about 1000-1500 people formed themselves into an unlawful assembly and had attacked people and public property. As a result of the aforesaid acts death of one Mukesh had occurred; damage to a scooter and a state transport bus was caused and a gold chain of one Gitaben Bhailalbhai (Pw-2) valued at Rs.5000/-was snatched. One Baldev Gangaram (PW-1) sustained injuries whereas one Ajay Vasantlal Shah (PW-13) also sustained injuries besides suffering damage of the scooter that he was riding with his pillion rider Mukesh who was taken away by the m