( 1 ) THESE two appeals are arising from one common judgment Ex. 53 dated 31st July, 1995 rendered by the learned Additional Sessions Judge, Banaskantha at Palanpur (who will be referred to as the learned Judge of the trial Court) in Sessions Case No. 20 of 1994 by which accused Nos. 1 and 2 i. e. appellants of Criminal Appeal No. 918 of 1995 came to be convicted, while respondents in Criminal Appeal No. 1101 of 1995 came to be acquitted, and therefore, with the consent of both the parties, these two appeals are heard together and decided by this Common judgment.

( 2 ) ACCUSED Nos. 1 and 2 who are the appellants in Criminal Appeal No. 918 of 1995 and who stood trial in Sessions Case No. 20 of 1994, have by filing Criminal Appeal No. 918 of 1995 under Sec. 374 (2) of the Code of Criminal Procedure, 1973 (for short "cr. P. C. "), challenged the aforesaid judgment of conviction and sentence by which accused No. 1 is convicted under Sec. 235 (2), Cr. P. C. for the offences punishable under Sec. 302 of the Indian Penal Code, 1860 (For short "i. P. C. ") and also under Sec. 135 of the Bombay Police Act, 1951 (for short the "b. P. Act") and is sentenced to undergo the impr