A.L.DAVE, J.

1. These two appeals arise out of a judgment and order rendered by City Sessions Court, Ahmedabad, in Sessions Case No. 266 of 2003, on August 20, 2004.

2. The appellant Hashmukhbhai @ Shethi Shankarbhai Solanki, appellant in Criminal Appeal No. 250 of 2005, came to be arraigned as an accused No.1 before the trial court and the respondent in Criminal Appeal No. 2211 of 2004 viz. Suraj @ Shant Pannabhai Solanki came to be arraigned as accused No.2 before the trial court. They were alleged to have committed murder of Chimanbhai Narsinhbhai on November 25, 2001 at about 18:30 hours on G. D. Road, Saijpur, Vijay Kamdar Society, where it is alleged that Suraj @ Shant Pannabhai Solanki caught hold of the deceased and Hasmukh @ Shethi Solanki inflicted a knife blow on account of past animosity. An FIR was lodged by brother of the deceased Mahendrabhai with Naroda police station on the basis of which offence was registered and investigated and ultimately charge sheet was filed in the court of Metropolitan Magistrate, Ahmedabad, who in turn, committed the case to the Court of sessions and Sessions Case No. 266 of 2003 came to be registered. Charge was framed against bot