( 1 ) BY this CAV common judgment, we are dealing with and disposing of two criminal appeals viz. Criminal Appeal No. 1459/2004 and Criminal Appeal No. 856/2005, challenging the impugned judgment dated 09. 07. 2004 passed by the ld. Addl. Sessions Judge, Ahmedabad (Rural), Navrangpura, Ahmedabad in Sessions Case No. 85/2000. Vide impugned judgment, the ld. Trial Judge convicted Shri Amrutbhai Bholidas Patel-Original Accused No. 1 State of UP v. Anil Singh, AIR 1988 SC 1998 the offences punishable under section 302 and 201 of Indian Penal Code as well as for the offence punishable under section 30 of the Arms Act and sentenced original accused No. 1 Amrutbhai Patel to undergo R/i for life and to pay a fine of Rs. 5000/, I/d to undergo S/i for 1 Year for the offence punishable under section 302 of IPC, to undergo R/i for 3 years and to pay a fine of Rs. 2000/, I/d to further undergo S/i for 6 months, to undergo S/i for 2 months and to pay a fine of Rs. 500/, I/d to undergo S/i for 7 days respectively. Vide impugned judgment, the ld. Trial Judge acquitted the original accused Nos. 2 and 3 (Respondents of Criminal Appeal No. 856/2005) from the offences punishable under s