CAV JUDGMENT

1. As facts and issue involved in both the appeals are identical and both the appeals are directed against the common impugned judgment and order passed by the learned Trial Court, both these appeals are heard together and being disposed of by this common judgment.

2. By way of preferring Criminal Appeal No.973 of 2007 under Section 374(2) of the Code of Criminal Procedure, 1973 , the appellants have assailed the judgment and order of conviction dated 17.07.2007 passed by learned Additional Sessions Judge, Gandhidham - Kachchh in Sessions Case No.36 of 2002, whereby, the appellants have been convicted for the offence punishable under Sections 304 Part-II , 337 and 338 of the Indian Penal Code. So far as offence under 304 Part-II IPC is concerned, the appellants are ordered to undergo 5 years' Rigorous Imprisonment and to pay fine of Rs.30,000/- each a