(1.) CHALLENGE in this appeal is to the judgment and order passed by the learned Sessions Judge, Kheda at Nadiad in Sessions Case No.9 of 2008 dated 13.01.2009 whereby, original accused no.1 has been convicted for the offences u/s.302 of Indian Penal Code (for short, "the IPC") and Section 135 of Bombay Police Act (for short, "the BP Act") whereas, original accused no.2 has been acquitted of all the charges levelled against him.
(2.) CRIMINAL Appeal No.328 of 2009 has been preferred by original accused no.1 against his conviction; whereas, Criminal Appeal No.615 of 2009 has been preferred by State against the acquittal of original accused no.2.
(3.) ANTECEDENT facts of this case, which require brief mention, are these;