J.R. Vora, J.—All the three appeals are preferred against the judgment and order delivered by learned Additional Sessions Judge, Fast Track Court No. 3, Bhavnagar, on 04.02.2005, in Sessions Case No. 84 of 2004.

2. As per the brief facts, accused No. 1 - Hipabhai Sodabhai Rabari and accused No. 2 - Jabarabhai Sodabhai Rabari both came to be charged in the said Sessions Case for the offences punishable under Sections 307 and 114 of the Indian Penal Code and under Section 135 of the Bombay Police Act, by the Trial Court.

3. Vide judgment and order impugned in these appeals, accused No. 2 - Jabarabhai Sodabhai Rabari came to be acquitted by the Trial Court from all the charges levelled against him and hence, the State has preferred appeal being Criminal Appeal No. 2234 of 2006 against that acquittal under Section 378 of the Criminal Procedure Code.

4. Accused No. 1 - Hipabhai Sodabhai Rabari came to be convicted by the Trial Court for the offence punishable under Section 307 of the Indian Penal Code and has been sentenced to undergo imprisonment of 10 years and to pay fine of Rs. 500/-, in default to undergo rigorous imprisonment of 15 days and accused No. 1 - Hipabhai Sodabhai