JUDGMENT

A.L. Dave, J. - Learned Additional Sessions Judge, Bhavnagar, in Sessions Case No. 201 of 1992 before him, passed a judgment and order on 17th April, 1993, against original accused Gamecha Vaghri Kalu Amtha, who was being tried for offences punishable under Sees. 302, 447 and 504 of Indian Penal Code and Sec. 135 of the Bombay Police Act, acquitting him of offences of murder, etc. but convicting him under Sec. 304 Part-II of Indian Penal Code.

2. Being aggrieved by the said judgment and order. State of Gujarat has preferred Criminal Appeal No. 745 of 1993 for enhancement of sentence by convicting the original accused for murder, whereas the original accused and respondent in Appeal No. 745 of 1993 has preferred Criminal Appeal No. 602 of 1994. challenging his conviction.

3. Since both these appeals are cognates arising out of the same judgment and order they are both heard together and are disposed of by this common judgment.

4. The facts leading to the lodging of F.I.R. filing of charge sheet and trial can be narrated in a narrow compass as follows. The incident took place on 7th June, 1992 at about 3.00 A.M. at village Nari of Bhavnagar taluka of Bhavnagar district. The