Anjuli Palo, J. - (1.)As these appeals have been filed by the accused persons being aggrieved by the common judgment dated 16.10.2007 passed by VI Additional District and Sessions Judge, Bhopal in Session Trial No. 146/2006. Criminal appeal No. 2452/2007 has been preferred by appellant Sahib @ Afzal challenging the conviction; Criminal Appeal No. 2004/2008 has been filed by Mohd. Sohel, Mohd. Shaukat, Soyeb, Sharafat and Shahjad Khan challenging the conviction; and Criminal Appeal No. 582/2010 has been filed by the State challenging the acquittal of appellants Sahib @ Afzal and Majid from the charges under Section 147, 148 and 302 r/w Section 49 of IPC.
Appellant Sahib @ Afzal and Majid have been convicted and sentenced as below :

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Appellants Mohd. Sohel, Mohd. Shaukat, Soyeb, Sharafat and Shahjad have been convicted as under :

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Appellant Mohd. Shaukat has been further convicted as under:

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(2.)In brief the prosecution case is that on 25.01.2006 at about 11:00 pm at Motilal Nagar, PS Nishatpura, Rijwan Khan (PW-9) heard the noise of a quarrel outside his house. He came out from his house and saw that the appellants and other co-accused were assaulting Akram Bhaijan with their knives and abusing him. The appellants were annoyed with Akram. They suspected that, Akram had informed the police (mukhbiri) about their profession. They inflicted blows of their knives on his head, chest, stomach, back and legs. They intended to kill Akram. Rijwan (PW-9) went there to rescue Akram, but the appellant Shaukat assaulted him with a knife on his left palm. Khalid, Mohd. Azam and Javed also came to rescue Akram. Akram fell down due to fatal injuries. Then appellants fled away. The persons who were present there brought him to Hamidia Hospital, where doctor declared him dead. Then, an FIR was lodged by Rijwan (PW-9) at police station, Nishatpura. The police registered crime under Section 302/149 and 324 of IPC against all the appellants and other accused persons. After investigation, charge sheet has been filed against them under the same provision before the concerned Court.
(3.)After committal of the case learned trial Court conducted trial and held that except the accused Sahib @ Afzal and Mazid @ Chhotu, all the appellants are liable for committing the murder of deceased (Akram) in furtherance of their common object to kill Akram. They are members of unlawful assembly to cause death of Akram. At the time of occurrence, they were armed with deadly weapons (like knife). Hence, they have committed offence of rioting and armed with deadly weapon and caused death of Akram which is punishable under Section 148 and 302/149 of IPC. At the same time, the appellants Mohd. Shaukat has voluntary caused simple injuries to witness Rijwan (PW-9) by his knife. Hence, he was convicted under Section 324 of IPC and sentenced for life imprisonment and rigorous imprisonment for one year, respectively. The respondents Mohd. Sahib @ Afzal and Mazid were convicted only under Section 25 Arms Act and sentenced as mention above.