JUDGMENT

Dr. B.S. Chauhan, J.

1. Both these appeals have been preferred against the judgment and order dated 4.5.2009 passed by the High Court of Gujarat at Ahmedabad in Criminal Appeal No.278 of 2002, by which it has affirmed the judgment and order passed by the Sessions Court dated 14.12.2001 in Sessions Case No.24 of 2001 in which the appellants got convicted under Section 302 read with Section 114 of the Indian Penal Code, 1860 (hereinafter called “IPC”) and sentenced to life imprisonment with a fine of Rs.1000/- each.

2. Facts and circumstances giving rise to these appeals are :-

(a) That Shri Bharat Rajendraprasad Trivedi (PW.1) lodged the complaint on 21.9.2000 that the complainant, deceased along with both the appellants had gone to see the land in their two cars. The complainant (PW.1) and deceased were in one car, while appellant No.1 in another car being driven by the appellant No.2. Thereafter, they came back and decided to meet the owner of the land Smt. Jadaavben Ambalal Parmar (PW.3). Thereafter, at about 2.30 p.m. when they were coming back in their respective cars, both the appellants asked the deceased and complainant to stop their car. Both the appellants got down