JUDGMENT :

C.K. Buch, J.

Criminal Appeal No.523 of 1997 is preferred by the appellants-orig. accused no.8-Jina Vershi and orig. accused no.14-Khoda Vershi (hereinafter referred to as 'accused no.8 and accused no.14' respectively) challenging the judgment and order of conviction and sentence dated 31st March 1997, passed by learned Sessions Judge, Surendranagar, in Sessions Case No.39 of 1995, whereby the learned trial Judge at the end of trial has convicted accused no.8 for the offence punishable under Section 302 of the Indian Penal Code and convicted accused no.14 for the offence punishable under Sections 302 and 326 of the Indian Penal Code. The learned trial Judge has sentenced each accused no.8-Jina Vershi and accused no.14-Khoda Vershi to undergo imprisonment for life and each of them to pay a fine of Rs. 1000/- and in default of payment of fine, further to undergo rigorous imprisonment for three months for the offence punishable under Section 302 of the Indian Penal Code. Accused no.8-Jina Vershi is further sentenced to undergo rigorous imprisonment for three years and fine of Rs. 250/- and in default of payment of fine to undergo further rigorous imprisonment for one month, s