LAW FOR ALL

whether the Accused can be convicted for an offence under section 302 with the aid of Section 149 IPC.=Though the accused cannot be convicted under section 302 with the aid of S. 149 IPC in view of the above findings, they would still be liable for a lesser punishment. The common object of the unlawful assembly to attack the Appellant and others is proved. Considering the manner of the attack and the deadly weapons used, we are of the considered opinion that Accused Valerbhai Deganbhai Vagh (A-1), Unadbhai Deganbhai Vagh (A-2), Bhimabhai Deganbhai Vagh (A-3), Unadbhai Bhagabhai Vagh (A-5), Bhagwanbhai Bhikabhai Vagh (A-7), Bhikabhai Jinabhai Vagh (A-8), Hasurbhai Bhikhabhai Vagh (A- 11), Bhanabhai Bhikabhai Vagh (A-12), Patabhai @ Aatabhai Bhikabhai Vagh (A- 13) and Bhavabhai Jikarbhai Vagh (A-14) are guilty of offence under Section 326 read with 149 IPC. We are informed that the accused have already undergone a sentence of seven and a half years. Considering the fact that the incident occurred in the year 1998 and that there is no complaint from either side about any further violence since then we opine that the sentence can be limited to the period undergone.