K.S. Jhaveri, J.—Having been sentenced to ten years’ simple imprisonment and fine of Rs. 2000/-, in default, simple imprisonment for one year for the offence under Section 307 of Indian Penal Code and simple imprisonment for one year and fine of Rs. 500/-, in default, simple imprisonment for three months under Section 324 of Indian Penal Code and simple imprisonment for four months and fine of Rs. 100/-, in default, simple imprisonment for one month under Section 135 of B.P. Act by impugned judgement and order dated 29.12.2009 passed by the learned Additional Sessions Judge, Patan in Sessions Case No. 60 of 2007, original Accused No. 1 – Haribhai Bhemabhai Bharwad, being aggrieved, is before this Court questioning the impugned judgment and order by way of filing Criminal Appeal No. 366 of 2010.

2. On the other hand, State of Gujarat has preferred Criminal Appeal No. 535 of 2010 questioning the acquittal of original Accused No. 2 under Sections 307, 323, 324, 504 & 114 of Indian Penal Code as well as Section 135 of B.P. Act vide impugned judgment and order dated 29.12.2009 passed by the learned Additional Sessions Judge, Patan in Sessions Case No. 60 of 2007.

3. It is the case