( 1 ) THESE two appeals arise from the judgement and order dated 17th July 1990 passed by the learned additional Sessions Judge, Surendranagar in Sessions Case no. 56 of 1987, convicting the original accused No. 2 chandrasinh for the offence under section 302 of the indian Penal Code and sentencing him to rigorous imprisonment for life and to pay a fine of Rs. 2,000=00, in default of which to undergo rigorous imprisonment for six months, and acquitting the original accused No. 1 ajitsinh Andubha and the original accused No. 3 Bharatsinh andubha for the offence under section 302 read with section 34 of the Indian Penal Code. There was Sessions case No. 73 of 1987, clubbed with Sessions case No. 56 of 1987 in respect of the same incident. The original accused No. 4 - Bakubha @ Ashoksinh Lalubha, who is the brother of the original accused No. 2 - Chandrasinh was also tried and by the same judgement and order, original accused No. 4 Bakubha @ Ashoksinh Lalubha was also acquitted for the offence under section 302 read with section 34 of the Indian Penal Code. 1. 1 Criminal Appeal No. 652 of 1990 is preferred by the original accused No. 2 - Chandrasinh against his c