(1.) As both the captioned appeals arise from a selfsame judgment and order of conviction passed by the Addl. Sessions Judge, Rajkot, those were heard analogously and are being disposed of by this common judgment and order.
(2.) The Criminal Appeal No.2033 of 2009 is at the instance of a convict-accused, whereas the Criminal Appeal No.31 of 2010 is at the instance of the State of Gujarat for enhancement of the sentence.
(3.) We take notice of the fact that both the captioned appeals were taken up for hearing by a Coordinate Bench and they came to be disposed of vide the common judgment and order dated 9.10.2015. The Coordinate Bench, while dismissing the appeal filed by the accused against the judgment and order of conviction and while allowing the State appeal for enhancement of sentence in part, held as under: