Pinaki Chandra Ghose, J. - (1.) This appeal is directed against the judgment and order dated 29.11.2013 passed by the High Court of Gujarat at Ahmedabad in Criminal Appeal No.1747 of 2010 with Criminal Appeal Nos.2223 & 2224 of 2010, whereby the High Court dismissed the appeal of the appellants herein and confirmed their conviction and sentence for various offences punishable under Sections 302, 147, 148 read with Section 149 of the Indian Penal Code, 1860 (hereinafter referred to as "IPC").
(2.) The brief facts necessary to dispose of these appeals are that on 04.07.2009, at about 3:00 a.m., while one Rameshbhai Prajapati (since deceased), who was the Taluka President of Shivsena, his wife Bhavnaben and their children were sleeping, the accused persons assaulted the deceased in sleeping condition with a large knife because even after protest of the accused persons, younger brother of the deceased got married with a woman hailing from the community of the accused. Rameshbhai died on the spot and the whole incident was seen by his wife Bhavnaben (PW1) as she woke up. The accused after killing the deceased escaped from there.
(3.) The law was set into motion upon lodging of FIR by PW1 (complainant) on 04.07.2009 at 06:15 a.m., at Vagdod Police Station. The FIR was registered as C.R.No.69 of 2009. The post-mortem of the deceased was performed by Dr. Mayankbhai Vrajlal Sheth (PW2). As per the deposition of PW-2 with regard to post-mortem of the deceased, marked Exh. 25, there were injuries on artery, veins and windpipe due to injury caused on the throat by large knife.;