M.R. SHAH, J.

1. As present Criminal Confirmation Case No.11/2011 and Criminal Appeal Nos.521/2014 and 1281/2011 arise out of the impugned judgment and order of conviction and sentence dated 30.07.2011 passed in Sessions Case No.164/2000 passed by the learned Additional Sessions Judge, Jamnagar (hereinafter referred to as “trial Court”), they are disposed of by this common judgment and order.

1.1 That by impugned judgment and order the learned trial Court has convicted the original accused No.1 – Bhavanbhai Sodha for the offences punishable under Sections 302, 201 and 34 of the Indian Penal Code, 1860 (hereinafter referred to as “IPC”) and has awarded death penalty with fine of Rs.500/-. Therefore, the learned trial Court has referred the case to this Court under Section 366 of the Code of Criminal Procedure, 1973 (hereinafter referred to as “CrPC”) for confirmation of the death sentence awarded to the original accused No.1 – Bhavanbhai Sodha, which has been numbered as Criminal Confirmation Case No.11/2011.

1.2 Feeling aggrieved and dissatisfied with the impugned judgment and order of conviction and sentence passed by the learned trial Court by which the learned trial Court has convicted the original accused No.1 for the offences punishable under Sections 302, 201 and 34 of the IPC, original accused No.1 has preferred Criminal Appeal No.521/2014.

1.3 That being aggrieved and dissatisfied with the impugned judgment and order by which the learned trial Court has also held the original accused No.2 guilty for the offence under Section 201 of the IPC and has sentenced him to undergo 7 years’ Rigorous Imprisonment with a fine of Rs.5000/- and in default to undergo further 1 year Rigorous Imprisonment, the original accused No.2 has preferred Criminal Appeal No.1281/2011.

2. The prosecution case in nutshell is as under:

2.1 It was the case on behalf of the prosecution that the original accused No.1 viz. Bhavanbhai Sodha used to reside at Shree Sadan along with the deceased Ranjanben widow of own Shri K.P. Shukla, Advocate and her two minor children viz. Devdutt and Avani. As per the case of the prosecution, in order to usurp the properties of the said Ranjanben, the original accused No.1 won over her trust and both were residing together as husband and wife. That the original accused No.1 and original accused No.2 were father and son respectively. That the original accused Nos.1 and 2 had already transferred certain properties in their names as well as taken action and jewelry belonging to Ranjanben.

2.2 It was the case of the prosecution that when the deceased suspected the behavior and conduct of the original accused and their ill intention, she started investing in the properties at Rajkot and Jamnagar. Having felt that their plan has been exposed, original accused in order to do away with the deceased and her minor children, on the night of 12th /13th June, 2000, the original accused kept watch at Shree Sadan where original accused No.1 had killed the deceased Ranjanben with sword while she was sleeping at her residence and thereafter he went to the room of minor Devdutt and Avani and (children of the deceased) andhad brutally killed them too with the sword. That thereafter original accused No.1 with the aid of deadly weapons like sword, hacksaw blade cut the said dead bodies into pieces and had stored them in the water tank situated at address and had poured salt as well as acid in order to decompose the body parts. As per the case of the prosecution after a period of about one month, the original accused No.1 removed the body parts from the water tank and filled them in the fertilizer bags and used a car belonging to one Ratilal to transfer the same and had disposed of the said bags at Jamnagar – Kutch near Maliya and thereby tried to destroy the evidence of the crime. That having found the pieces of the bodies of the