- (1.) These appeals under Section 2-A of the Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act, 1970, are directed against a judgment of the Gujarat High Court whereby the acquittal of the appellants was set aside and converted into conviction. The facts are these: The appellants, Abdul Samad, Abdul Vahab and Abdul Wajid, are original Accused 1, 2 and 3, respectively. Accused 1 and 2 are brothers and Accused 3 is the son of their sister. The deceased was one Maiyuddin who was dealing in mangoes in partnership with the acquitted Accused 7 and 8 n the town of Mehmedabad. Differences arose and the partnership was dissolved. After that dissolution, the deceased and his former partners started their independent businesses. This business rivalry led to quarrels between the deceased and Accused 1, 7 and 8.
(2.) On April 20, 1969, at 5.45 p. m., the three appellants along with five others (who may be referred to A-4, A-5, A6, A-7 and A-8), all residents of Mehmedabad, went in a body of Maiyuddin in the bazaar. A-1 was armed with a gupti, A-2 with guptis and a hockey-stick, A-3 was carrying a hockey stick; A-4 and A-6 had dharias, A-5 had a hammer-stick; A-7 and A-8 were armed with sticks.
(3.) A-2 and A-6 caught hold of the deceased, while A-1 gave him gupti blows on the chest. A-2 plunged his gupti into the abdomen of the deceased. Others also beat the deceased with their weapons.;