(1.) AS all the three captioned appeals arise from a selfsame judgment and order dated 11th June 2008 passed by the learned Additional Sessions Judge, Fast Track Court No.2, Patan, in Sessions Case No.55 of 2007, those were heard analogously and are being disposed of by this common judgment and order.
(2.) FOR the sake of convenience we may state that the Criminal Appeal No.2039 of 2008 is at the instance of the original accused nos.1 and 2 (appellant nos.1 and 2). The original accused no.1 (appellant no.1) Ahir Jesangbhai Patabhai has challenged the order of conviction and sentence passed by the Additional Sessions Judge finding him guilty of the offence of murder punishable under Section 302 of the Indian Penal Code simplictor and sentencing him to undergo imprisonment for life with fine of Rs.1,000=00, whereas the original accused no.2 (appellant no.2) Ahir Merambhai Patabhai seeks to challenge the order of conviction and sentence passed by the Additional Sessions Judge finding him guilty of the offence punishable under Section 324 of the Indian Penal Code and sentencing him to undergo rigorous imprisonment for a period of one year.
(3.) IT appears from the record of the case that the original accused no.4 passed away during the pendency of the trial and therefore the trial so far as the accused no.4 is concerned, stood abated.
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