SOYEBBHAI YUSUFBHAI BHARANIA & Ors. v. STATE OF GUJARAT

as pre-requisite coudition for an unlawful assembly i.e., minimum five persons, has not been met. Nevertheless, the common object was proved by the prosecution. Moreover, when the appeal was preferred before the High Court, acquittal of the accused No.5 was not rebutted and further finding of the High Court whereby accused No.4 has also been acquitted for reasonable doubts, ieaves a well-se.t doubt that prosecution has not proved its case beyond reasonable doubt. The trial court was vitiated by some ·manifest illegality or the decision was perverse. [Paras 21-23) [725-C-F]

#2. For furtherance of the common intention namely to do away the deceased, appellants had entered into the house of the deceased and were seen by PWl. They then started beating the . deceased and after causing injuries on his neck with a sharp knife, thll')l ran away. The homicidal death_ was proved beyond all reasonable doubts. The fact that accused had been identified and recovery made from accused No.l has left no room for doubt that all the appellants were involved in the commission of the murder with com~on object to do away the deceased with sharp knife. [Paras 26, 27) [726-C-D, F]