L.NAGESWARA RAO,J. - (1.) By a Judgment dated 24.06.2003, the Second Fast Track Judge, Amreli convicted Accused Nos.1 to 14 who are Respondents 1 to 14 herein for committing an offence under Section 302 read with Sections 149/34 IPC and sentenced them to life imprisonment and a penalty of Rs.5,000/- in default of which they shall undergo six months further imprisonment. The Accused were also found guilty for the offences under Sections 324 and 325 read with 149/34 IPC for which they were sentenced to six months rigorous imprisonment and fine of Rs.1000/- in default of which they shall undergo two months imprisonment. Accused Nos.1, 2 and 10 were directed to pay Rs.10,000/- each as compensation to the heirs of the deceased Unadbhai Desurbhai under Section 357 of the Criminal Procedure Code, 1973. The remaining accused were directed to jointly pay Rs.20,000/-as compensation to the heirs.
(2.) Accused Nos.1 to 14 filed an Appeal before the High Court of Gujarat at Ahmedabad challenging their convictions and sentences. The High Court allowed the appeal partly by acquitting Accused Nos.1 and 2 of the charge under Section 302 read with Section 34/149 IPC. The convictions and sentences under Section 324 and 325 read with Section 34/149 IPC in respect of Accused Nos.1, 2 and 3 were maintained. The convictions and sentences of Accused No. 3 to 9 and 11 to 14 under Section 302 read with Section 34/149 IPC and 324 and 325 read with Section 34/149 IPC were set aside. The conviction of Accused No.10 under Section 302 read with Section 149/34 was converted to a conviction for the offence under Section 302 IPC simpliciter and he was sentenced to undergo rigorous imprisonment for life.
(3.) The Complainant has filed this Appeal aggrieved by the judgment of the High Court.;