- (1.)The appellant and six others were charge-sheeted for the offences punishable under sections 147,148,149, 302 and 328 of Indian Penal Code sections 3 and 4 of the Terrorist and Disruptive Activities Act and section 135 of the Bombay Police Act. After the completion of the trial, six out of the seven accused were acquitted and only the appellant convicted under section 302 of the Indian Penal Code was sentenced to undergo life imprisonment vide judgment impugned in this appeal.
(2.)It is submitted on behalf of the appellant that prosecution had not proved the case against the appellant beyond reasonable doubt and the statements of the prosecution witnesses cannot be believed as they allegedly suffer from inherent contradictions. It is contended in the alternative that even if the occurrence is proved to have taken place, the appellant cannot be convicted and sentenced for the offence punishable under section 302 of the Indian penal Code as he was not proved to have the requisite intention to commit the offence of murder.
(3.)The prosecution case is that in 1990 an agitation for anti-reservation was carried on at Kapadwanj and Nadiad in district of gujarat State. Sirajbhai Siddikbhai who was student of M. P. High School studying in 10th class had gone to the school. On account of the agitation some classes were disrupted and closed. When the complainant was in his class a group of 50-60 boys led by the appellant carrying weapons, came there. The appellant was armed with a knife in his hand. The mob was raising the slogans against the anti-reservation and compelling the students to leave the classes. When the complainant refused to join them, the appellant and his associates were annoyed. After some time Mohammed Mushabhai and Iliyasbhai relatives of the complainant came in rickshaw to call him. The complainant went to the room of the headmaster and requested him to give protection but no protection was provided. The complainant proceeded towards the gate but was prevented by the mob led by the appellant. Mohammed Mushabhai and iliyasbhai who came to his rescue was caught by the two accused persons. The appellant gave knife blow on the left side of the chest of the Iliyasbhai who fell down and ultimately succumbed to his injuries inflicted on his person.