(1.) APPELLANT , original accused No.1, has challenged the judgment dated 2nd March 2007 rendered by the learned Additional City Sessions Judge, Ahmedabad in Sessions Case No.2/05.
(2.) THE prosecution case was as under:
(3.) HAVING heard the learned counsel for the parties and having perused the evidence on record, we have no hesitation in confirming his conviction. To begin with, the said accused was caught red handed from the site. When PW -1, constable Girishbhai was proceeding towards the police station, he saw Chaturbhai being assaulted by 3 to 4 people. Shivabhai, accused No.1, was one of them. He stopped his motorcycle. As soon as he reached the place, three of the four assailants ran away. He, however, managed to catch hold of Shivabhai, accused No.1. He was carrying a sword at that time. He took the accused to the police station. Deposition of this witness was duly corroborated by Mukeshkumar, PW - 26, Ex.100. He was present in the police station in the evening of 11.6.04 when the accused was brought to the police station by Girishbhai, PW -1. The accused himself was carrying a sword at that time.