Chelameswar, J. - (1.) On 11.07.1992, at about 10.10 pm, an incident occurred in the village of Nana Ankadia leaving 3 persons dead and 5 persons injured. It appears from the judgment of the High Court: " information about the incident was conveyed by wireless message by PSO of Amreli (Rural) Police Station to PSI, Mr. NG Rajput. On the basis of the said information, PSI, Rajput had gone to village Nana Ankadia and found three dead bodies lying near the shop of Bhikabhai and after getting some further information, he had gone to Amreli Hospital and recorded complaint from Vinu Ranchhod, which was registered at about 1.30 a.m. on 12.07.1992. On the basis of the said complaint, PSI, Rajput started investigation by recording statements, drawing panchnamas and sending the dead bodies for post mortem etc."
(2.) On completion of investigation, a charge-sheet came to be filed against 15 accused because the remaining two accused A-16 and A-17 were absconding for some time. The matter was committed to the Sessions Court of Amreli as offences were exclusively triable by the Court of Sessions. In Sessions Case No. 118/1992, trial was conducted against 15 accused. The trial insofar as the two absconding accused was segregated from the trial of the remaining even after they were apprehended and they were put to trial separately in Sessions Case No. 58/98 before the Special Judge of the Fast Track Court, Amreli.
(3.) In Sessions Case No.118/1992, the Sessions Court by its judgment dated 17.01.1996 recorded the conviction of A-1, A-5, A-10 and A-12 as follows: "Prosecution has proved the criminal offence punishable under section 302 and 148 of the Indian Penal Code and under section 135(1) of the B.P. Act, against the accused No. 10 and [12] respectively Nanjibhai Khodabhai and Ratilal Nagji, and therefore the accused No. 10 and 12 are convicted under sections 302, 148 IPC and section 135(1) of the B.P. Act. The accused No. 1 Ravji Duda is convicted for the criminal offence punishable under section 326 and 148 of IPC and section 135(1) of B.P. Act. Whereas the accused No. 5 Manubhai Makanbhia is convicted for the criminal offence punishable under section 326, 323 and 148 of the IPC and section 135(1) of the B.P. Act. Whereas the accused other than these accused, the prosecution has not been able to prove their case beyond doubt therefore the accused No. 2,3,4,6,7,8,9,11,13,14 and 15 are given the benefit of doubt and are acquitted, and if they are not required in any other matter, then the accused Nos. 2,3,4,6,7,8,11,13,14 be released from judicial custody. The accused No. 2,4,9 and 15 are enlarged on bail, their bail bonds are ordered to be cancelled." And by separate order dated 17.01.1996, A-10 and A-12 were sentenced to imprisonment for life for an offence punishable under Section 302 Indian Penal Code [hereinafter referred to as "IPC"]; one year rigorous imprisonment for an offence punishable under Section 148 IPC; and six months rigorous imprisonment for an offence punishable under Section 135(1) of the Bombay Police Act [hereinafter referred to as "BP Act"].;