JUDGMENT

J.B. Pardiwala, J.

1. As both the appeals arise from a selfsame judgment and order of conviction dated 31st December, 2007 passed by the learned Additional Sessions Judge, Fast Track Court No. 3, Jamnagar, in Sessions Case No. 73 of 2005, those were heard analogously and are being disposed of by this common judgment and order. The Criminal Appeal No. 977 of 2008 is at the instance of two convict accused, viz. Vinodgar @ Rameshgar Jivangar Goswami Bavaji and Sohan @ Sunil Teja Mohan Pargi, whereas the Criminal Appeal No. 978 of 2008 is at the instance of a convict accused viz. Arvind @ Vinod Bhagvanji Patel.

2. Both the appeals are directed against an order of conviction and sentence dated 31st December, 2007 passed by the learned Additional Sessions Judge, Fast Track Court No. 3, Jamnagar, in Sessions Case No. 73 of 2005, by which the learned Additional Sessions Judge found the appellants guilty of the offence punishable under Sec. 302 read with Sec. 114 of the Indian Penal Code and consequently sentenced them to suffer life imprisonment and a fine of Rs. 1,000/- each. In default of payment of fine, the appellants were directed to undergo further simple imprisonment for one year.

3. Case of the Prosecution:

"3.1. The deceased viz. Dineshkumar Karshanbhai Gami and the accused appellant viz. Arvind @ Vinod Bhagvanji were cultivating the agricultural land as partners. A dispute arose between the two with regard to the settlement of the accounts of the partnership.

3.2. It is the case of the prosecution that on the day of the incident the deceased had been called at the agricultural field of the accused appellant Arvind @ Vinod Bhagvanji for the purpose of recovering his share of the partnership income and that point of time there was an altercation between the two.

3.3. It is also the case of the prosecution that the two co-accused, viz. Vinodgar @ Rameshgar Jivangar Goswami Bavaji and Sohan @ Sunil Teja Mohan Pargi, were working with the accused appellant Arvind @ Vinod Bhagvanji and all the three together inflicted injuries on the deceased with a sword, iron pipe, knife, spade and iron tong (pincer).

3.4. According to the prosecution, the original accused No. 1 inflicted injuries on the head and the neck of the deceased, whereas the accused Nos. 2 and 3 inflicted injuries on the head and leg of the deceased.

3.5. It appears that a complaint was lodged Exh. 130 by the P.W. 2, Thobhanbhai Ramjibhai Gami, the uncle of the deceased, at Sheth Vadala Police Station on 26th April, 2005 at 18-30 hours.

3.6. The P.W. 2, in his complaint, has stated that the deceased happened to be the son of his elder brother and the deceased at the relevant point of time was working at the Samana Radar Station. He has also stated that the deceased was residing with his family at Jamjodhpur. The deceased was owning agricultural lands at Village Gigani, Sidsar and Dhrafa Sim.

3.7. On the day of the incident, the P.W. 2 was at his house and at that point of time at around 10-45 in the morning he received a phone call from the wife of the deceased, viz. Savita, stating that the deceased had not yet returned home and was not responding on his mobile phone. The wife of the deceased requested the P.W. 2 to inquire about the deceased, and therefore, the P.W. 2 and his nephew, viz. Jagdish Chhaganbhai, went in search of the deceased on a motorcycle. The P.W. 2 has stated that on reaching the sim of Dhrafa, he inquired with one labourer as to whether the deceased had come at the agricultural field or not, and the labourer informed the P.W. 2 that the deceased had not come at his field. In the mean time, the P.W. 2 heard some commotion coming from the side of the agricultural field of the accused No. 1-Arvind, and therefore, he along with Jagdish went at the field of the accused No. 1 and saw the dead body of the deceased lying next to the godown of onions situated in the agricultural field. The P.W. 2 has stated that he also saw a puddle of blood and next to the s