P. Sathasivam, J. - (1.) These appeals are directed against the impugned judgment and final order dated 25.10.2007 passed by the High Court of Gujarat at Ahmedabad in Criminal Appeal No. 1422 of 2005 whereby the High Court dismissed the appeal filed by the appellants confirming the order dated 23.08.2004 passed by the trial Court convicting them under Section 302 of the India Penal Code (hereinafter referred to as IPC) read with Section 34 IPC and also under Section 135 of the Bombay Police Act awarding each of them to undergo rigorous imprisonment (RI) for life and fine of Rs. 5,000/-, in default, to further undergo RI for one year for the offences under Section 302 read with Section 34 and also awarded RI for one year and fine of Rs. 1,000/-, in default, RI for one month for the offence under Section 135 of the Bombay Police Act.
(2.) "The case of the prosecution" as unfolded during the course of investigation was: a) On 16.09.1999, at about 1715 hrs., Prakashbhai Raveshia, (Chairman of Morbi Nagrik Bank, Morbi), the deceased, accompanied with Ashokbhai Laljibhai Kathrani PW 106, Director in the aforesaid Bank came out of the Bank. It is the case of the prosecution that immediately after coming out of the Bank, Rameshbhai Mohanbhai Koli - appellant herein approached the deceased and asked him about the loan facility and the manner in which the loan application form was to be filled. During the course of investigation, it was further revealed that immediately thereafter, Ramesbhai Mohanbhai Koli (A1), appellant No. 1 herein, exhorted the other appellants (A2-A4) to attack the deceased. On such exhortation, A2-A4 attacked the deceased with knives and later on A1 joined them. During the investigation, it was further stated by the witnesses that, after the attack, two of the accused ran away on a motorcycle from the place of occurrence. It is important to mention here that in addition to PW-106, the aforesaid incident was witnessed by as many as 8 witnesses, some of whom were natural witnesses being tea or pan vendor present at the place of occurrence. It was further revealed that original Accused Nos. 5-7 had conspired to eliminate Prakashbhai Raveshia and in furtherance of that conspiracy engaged the services of the appellants herein. During the panchnama (Exh.384) of the place of occurrence amongst other articles, a blood stained loan application form bearing the name and address of the appellant Rameshbhai Mohanbhai Koli (A1) was seized by the police. As regards the injuries on the person of the deceased, the post-mortem report (Exh. 206) revealed that the deceased suffered 18 injuries out of which 17 were incised wounds. It may be mentioned here that large number of injuries/incised wounds were found on the neck and the chest of the deceased. (b) During the course of further investigation, after arrest of the appellants herein, all of them made separate disclosure statements showing their willingness to disclose the respective places where they had hidden the knives used in the commission of offence. Pursuant to such disclosures made by the appellants, they led the police to the places where they have concealed the knives used in the commission of offence. The knives recovered at the instance of the appellants Rameshbhai Mohanbhai Koli (A1), Narottam Prejji Koli (A2) and Pravin @ Dalo Lashubhai Koli (A4) were stained with blood. Blood stained clothes worn by Pravin @ Dalo Lashubhai Koli (A4) at the time of incident were also got recovered. The police also recovered the blood stained seat of the motorcycle used by two of the accused to run away from the place of occurrence. c) The aforesaid articles, namely, the loan application form, the knives, blood stained clothes of the appellant Pravin @ Dalo Lashubhai Koli (A4) and the blood stained seat of the motorcycle were sent for forensic examination. The FSL and serological report (Exh 250) opined that the blood stains on the aforesaid articles were of group O. The blood group of the deceased also belongs to group O. d) On completion of the investigation, a charge sheet was filed in the Court of J.M.F.C. Morbi who committed the case to the Court of Additional Sessions Judge at Morbi where it was numbered as Sessions Case No. 34 of 2000. e) The Additional Sessions Judge II, Fast Track Court, Gondol at District Rajkot recorded the evidence, heard the parties, appreciated the evidence and vide judgment dated 23.08.2004 convicted accused Nos. 1, 2 and 3 and original accused No. 4 for the offences punishable, as afore-mentioned, and original accused Nos. 5, 6 and 7 were convicted for the offences under Section 302 read with Section 120B IPC and sentenced them to suffer R.I for life and imposed a fine of Rs. 5,000/-, in default, R.I. for one year, and also further directed accused Nos. 5 and 6 each to pay Rs. 1,50,000/- as compensation to the widow of the deceased Prakashbhai Raveshia. However, the trial Judge acquitted accused No. 8 for the offences punishable under Section 312 IPC for harbouring the accused. f) The appellants herein with original accused No. 4 preferred Criminal Appeal No. 1422 of 2005 in the High Court of Gujarat at Ahmedabad challenging the judgment and order of conviction passed by the Additional Sessions Judge, Second Fast Track Court, Gondal. g) The High Court, by the impugned judgment and final order dated 25.10.2007, confirmed the conviction of the appellants herein and dismissed their appeal. However, Criminal Appeal Nos. 1544, 1925 and 2234 of 2004 which were also heard together along with the present appellants appeal and by the same impugned judgment, confirmed the conviction of the appellant and accused No. 4 and allowed the appeal filed by the original accused Nos. 5, 6 and 7 and acquitted them of the alleged offences and set aside the sentence awarded to them holding that there was no conspiracy.
(3.) Heard Mr. Vimal Chandra S. Dave, learned Counsel for the appellants and Mr. Nitin Sangra, learned Counsel for the respondent-State. Points for determination:;