Harsha Devani, J.

Criminal Appeal No.516 of 2012 has been filed by the appellant Bharatbhai Kalubhai Baraiya challenging the judgment and order of conviction and sentence dated 30.3.2012 passed by the learned Second Additional Sessions Judge, Rajula in Sessions Case No.8 of 2011 (Old Sessions Case No.11 of 2007), whereas Criminal Appeal No.870 of 2012 has been filed by the State of Gujarat challenging the acquittal of the respondents, viz., Kalubhai Lunabhai Baraiya, Savjibhai Kalubhai Baraiya, Navin alias Naval Rambhai Baraiya, Rambhai Lunabhai Baraiya, Jivrajbhai Rambhai Baraiya and Bachubhai Rambhai Baraiya.

2. Since both these appeals arise out of a common judgment and order and the evidence is also common, the same were taken up for hearing together and are decided by a common judgment.

3. A first information report came to be lodged on 13.7.2006 at the 'A' Division Police Station, Bhavnagar by one Bharatbhai Merubhai Gujaria, stating that they had a transport office near Ramapir Temple and he and his father used to sit at the office. On 12.7.2006, at about 4:30 to 5:00 in the evening, he and his father Merubhai Bijalbhai and his paternal uncle Bhagwanbhai Chitharbhai w