K.S. Jhaveri, J.

1. Criminal Appeal No. 2374 of 2005 preferred by the State of Gujarat is directed against the judgment and order dated 01.08.2005 passed by the Special Judge, FTC No. 3, Surendranagar in Special Case No. 42 of 2000, whereby the accused Nos. 1 & 3 have been convicted of the charges levelled against them under Sections 307 and 120B of Indian Penal Code and have been sentenced to suffer rigorous imprisonment for a period of five years and fine of Rs. 5000/- each in default imprisonment for two months under Section 307 IPC. No separate sentence has been imposed under Section 120B IPC. The said appeal has been filed for enhancement of sentence imposed upon accused Nos. 1 & 3. Criminal Appeal No. 1637 of 2005 has been preferred by original accused No. 3 against the aforesaid judgment and order of conviction dated 01.08.2005.

1.1 Similarly, the State has also preferred Criminal Appeal No. 2377 of 2005 against the judgment and order of acquittal dated 01.08.2005 passed by Special Judge, FTC No. 3, Surendranagar in Special Case No. 42 of 2000, whereby the accuse