JUDGMENT :

CHEEKATI MANAVENDRANATH ROY, J.

1. As these two appeals arise out of the same judgment rendered in Sessions Case No. 56 of 2011 by learned Additional Sessions Judge, Amreli dated 22.11.2012, one preferred by the State and another by the de facto complainant, they are heard together and are being disposed of by this common judgment.

2. The respondent herein is the sole accused in Sessions Case No. 56 of 2011 on the file of learned Additional Sessions Judge, Amreli. He was prosecuted for the offence punishable under Section 302 of the INDIAN PENAL CODE , 1860 (herein after referred to as, the IPC). Eventually, he was acquitted of the said charge by the trial Court as he was not found guilty of commission of said offence of murder as alleged by the prosecution.

2.1 Therefore, aggrieved by the impugned judgment of acquittal, both, the State as well as the de facto complainant who is PW-19, have preferred these two appeals assailing the legality and validity of the impugned judgment of acquittal.

3. Briefly stated, it is the case of the prosecution that on 29.04.2011 between 11:30 a.m. and 11.45 a.m. there was a quarrel between a person by name Mayur (herein after referred to as