(1.) The appellants-original accused Nos. 1 & 4 of Sessions Case No. 21 /97 by this appeal have challenged the judgment and order of conviction dated 29.1.1988 passed by 2nd Jt. District Judge & Addl. Sessions Judge, Kheda at Nadiad in Sessions Case No. 21/97 whereby the Ld. Addl. Sessions Judge has convicted appellant No. 1 under Sees. 302, 324 & 337 of I.P. Code and has awarded sentence of R/I for life, R/I for 2 months and R/I for 1 month respectively and to accused No. 4 under Sec. 323 read with Sec. 114 of the I.P. Code and has awarded sentence of R/I for one month. Appellant No. 1 came to be acquitted of the offence under Sec. 323 read with Sec. 114 and Sec. 504 of I.P. Code. Sentences of appellant No. 1 are ordered to run concurrently.
(2.) The facts which led the prosecution of appellants with other two (who are acquitted) are as under:
(3.) On the charge-sheet being submitted, Ld. JMFC committed the case to the Court of Sessions where Ld. Addl. Sessions Judge, framed charge against the accused. Accused pleaded not guilty and prayed for trial. Ld. Addl. Sessions judge, after recording necessary evidence led by the prosecution and hearing the parties, held the appellants guilty of the offences referred to herein above and acquitted original accused Nos. 3 & 4. Against this order of conviction, the present appeal is filed.