C.K. Buch, J.—The present appeal is preferred by the appellants-orig. convicts under Section 374 read with Section 386 of the Code of Criminal Procedure, 1973, challenging the legality and sustainability of the judgment and order of conviction and sentence dated 05.06.1999 passed by the learned Additional Sessions Judge, Surat camp at Vyara, in Sessions Case No. 109 of 1996, whereby the learned trial Judge has held Appellant No. 1-Chimanbhai Chhagabhai Gamit guilty for the offence punishable under Sections 323 and 504 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for 6 months and to pay fine of Rs. 100/- on each count; in default of payment of fine, to undergo rigorous imprisonment for two months and three months respectively for both the offences. The learned trial Judge has further held Appellant Nos. 2 and 3-orig. accused Nos. 2 and 3 guilty for the charge of offence punishable under Section 302 read with Section 114 of the Indian Penal Code and sentenced each of them to undergo rigorous imprisonment for life and to pay a fine of Rs. 800/- each and in default of payment of fine, to undergo simple imprisonment for 4 months by each of them.

2. Appe