JUDGMENT :

K.J. Thaker, J.

Learned advocate Mr. N.K. Majmudar appearing for appellant in Criminal Appeal No. 310/2007 has stated that his client has taken away the papers from him on 17.3.2008. Since we are declined to adjourn the matter, and at our request, Mr. N.K. Majmudar learned advocate has assisted this Court on behalf of the appellant in Criminal Appeal No. 310/2007. So far as respondent no. 1 in Criminal Appeal No. 300/2008 is concerned, though bailable warrant is served upon him, he has not engaged any advocate, and therefore, at our request, learned advocate Mr. Y.M. Thakore has assisted this Court on behalf of respondent no. 1 in Criminal Appeal No. 300/2008.

2. The appellant-ori. Accused no. 5 has preferred Criminal Appeal No. 310/2007 and the appellant-ori. Accused no. 1 has preferred Criminal Appeal No. 647/2007 under section 374(2) of the Code of Criminal Procedure, against the judgment and order of conviction and sentence dated 18.1.2007 passed by the learned Sessions Judge, Main Court, Gandhinagar in Sessions Case No. 13/2006, whereby, the learned trial Judge has convicted the appellants-ori. Accused no. 1 & 5 under section 364A of IPC and sentenced them to undergo i