K.S. Jhaveri, J.

1. Both these appeals arise out of a common judgement and order dated 29.09.2008 passed by the Additional Sessions Judge, Fifth Fast Track Court, Veraval in Sessions Case No. 01 of 2006 whereby original accused Nos. 1 & 2 were convicted for the offence punishable under section 302 r/w 114 of Indian Penal Code and sentenced to life imprisonment and fine of Rs. 5000/-, in default, simple imprisonment for two years thereunder. The accused were also convicted for the offence punishable under section 397 r/w 114 of Indian Penal Code and sentenced to rigorous imprisonment for 7 years and fine of Rs. 3000/-, in default, simple imprisonment for one year thereunder. The accused were further convicted for the offence punishable under section 449 r/w 114 of Indian Penal Code and sentenced to life imprisonment and fine of Rs. 5000/-, in default, simple imprisonment for two years thereunder. Original accused Nos. 1 & 2 were, however, acquitted of the offence under section 135 of B.P. Act. Being aggrieved by the said conviction, original accused No. 1 has preferred