JUDGMENT

A.K. Gohil, J. — Both the aforesaid appeals arise out of the common judgment dated 20-8-1994 passed in Sessions Trial No. 259/92. This judgment shall also govern the disposal of Criminal Appeal No. 188/94 and Criminal Appeal No. 58/95. In Sessions Trial No. 259/92, eight accused persons were tried. Vide judgment dated 20-8-1994, III Additional Sessions Judge, Morena convicted Govind S/o Soneram under Section 302 IPC and sentenced him to imprisonment for life against which Govind has filed Criminal Appeal No. 188/94 challenging his conviction and sentence and acquitted the rest of the accused persons namely Brij S/o. Soneram, Soneram S/o Gangaram, Ramnivas S/o Lajjaram, Durga S/o Soneram, Kalicharan S/o Lajjaram, Kaladhar S/o Lajjaram and Maniram S/o Lajjaram and against the acquittal of the aforesaid accused persons, State has filed Criminal Appeal No. 58/95 after obtaining leave from this Court. Both these appeals have been heard together and they are being decided by this common judgment.

2. In short, the prosecution story is that on 19-8-1992 at about 9 AM in the morning, when complainant Kamlesh S/o Vrindavan, his brother Girraj, Bablu, Satish, Ashok and cousin Ramni