JUDGMENT :

Jayant Patel, J.

As both the appeals arise from the common judgment & order passed by the learned Sessions Judge in Sessions Case No.39/09, they are being considered simultaneously.

2. The short facts of the case are that Jayantibhai Shanabhai Chauhan, PW6 filed complaint (Exh.47) with Kapadwanj Rural Police Station stating that on 10.12.2008 when he was with his father Shanabhai Sukhabhai (deceased) and his brother Prabhatbhai Shanabhai and his younger brother Rabhabhai Shanabhai with Daulatbhai Budhabhai, Savitaben Rabhabhai, Madhuben Raisingbhai and Puniben Jayantibhai, at about 7.30 evening, accused No. 1 Kantibhai Kalabhai (A1) with iron rod (kosh), accused No. 2 Pratapbhai Fatabhai (A2) with stick, accused No. 3 Manubhai Badarbhai (A3) and accused No. 4 Babubhai Badarbhai (A4) with dhariyu, accused No. 5 Chimanbhai Somabhai (A5), accused No. 6 Jesingbhai Kalabhai (A6), accused No. 7 Rameshbhai Kalabhai (A7) and accused No. 8 Dhirabhai Fatabhai (A8) with brick pieces came at the residence of the complainant and told that why Vimlaben who is the widow of Ramabhai Fatabhai is being harassed by Bhikhabhai Budhabhai who is their family member and thereafter, they started a