( 1 ) BOTH the abovereferred Criminal appeals have arisen from the same judgment and order delivered by the learned additional Sessions Judge, Narol on 19th april, 1986 in Sessions Case No. 12/1986. There were in all nine accused and were charged with the offences punishable under sections 148, 323, 307, 302 to read with section 149 of the Indian Penal Code us well as for the offences punishable under section 135 of the Bombay Police Act. 1951.

( 2 ) VIDE abovesaid judgment and order, the learned trial Judge acquitted all the nine accused for the offences charged against them so far as the offences punishable under Sections 302, 307, 148 and 149 of the Indian Penal Code is concerned. While, except accused No. 1 - Ashok Somalal thakkar and accused No. 3 - Arvind somalal Thakkar, all other accused also were acquitted by the Trial Court for the rest of the offences charged against said seven accused. Vide abovesaid judgment and order, accused No. 1 was convicted for the offence punishable under Section 323 of the Indian Penal Code and was sentenced to undergo rigorous imprisonment of nine months and to pay fine of Rs. 1,000/-, in default, to undergo imprisonment of six