(1.) This criminal appeal preferred by the appellant original accused no.7-Mahesh Prabhatbhai Surela Koli, under Sec. 374(2) of the Code of Criminal Procedure, 1973 is directed against the judgment of conviction and order of sentence dtd. 7/7/2008 passed by the learned Additional Sessions Judge (FTC), Jamnagar in Sessions Case No.89 of 2006 by which the appellant and co-accused Alpesh Rathod (Accused No. 6) have been convicted under Ss. 302, 201 read with Sec. 34 of the Indian Penal Code and sentenced as tabulated hereinunder:
(2.) The case of the prosecution leading to conviction of the appellant accused is as follows:
(3.) After due framing of charge and upon accused not pleaded guilty, the trial commenced before the Sessions Court. In order to prove the charge, the prosecution examined as many as 40 witnesses and exhibited following documents: