- (1.)These two criminal appeals arise out of judgment and order rendered by the Sessions Court, Sabarkantha at Himmatnagar in Sessions Case No.72 of 2004 on 27.7.2004. The sessions Court tried Lalabhai Gordhanbhai Vaghari and Bharatbhai Narubhai Macwana for the offence of murder of Kishan Ramji and Ramesh Ramji allegedly committed by them on 11.1.2004 at about 3:00 p.m. opposite shop of one Rasiklal at Talod, wherein it was alleged that accused Bharatbhai caught hold of the deceased persons and accused Lalabhai inflicted knife blows, which resulted into the death of both Kishan Ramji and Ramesh Ramji. The trial Court, at the end of the trial, found that the prosecution could prove the case against accused No.1 Lalabhai and convicted him for the murders of Kishan Ramji and Ramesh Ramji punishable under section 302 of the IPC and sentenced him to under to life imprisonment and to pay fine of Rs.5000/-, in default, to undergo RI for six months. He therefore, preferred Criminal Appeal No.1040 of 2005.
1.1 The trial court found that the prosecution was not able to prove the case against accused No.2 Bharatbhai and acquitted him of the charges. The State, being aggrieved by the said acquittal, has preferred Criminal Appeal No.1707 of 2004.

(2.)The appellant in Criminal Appeal No.1040 of 2005 convict Lalabhai is represented by learned advocate Mr. Darji appointed as pauper's advocate. But when the matter was called out, he was not present. The Court was therefore, required to request learned advocate Mr. Tolia, who was present in the Court to act as amicus curiae, which he readily agreed to do. The State is represented by learned APP Mr. Pandya in both the appeals and the respondent in Criminal Appeal No.1707 of 2004 original accused No.2 Bharatbhai is represented by learned advocate Mr. Chaudhary.
(3.)The prosecution case in brief is that on 11.1.2004, deceased Kishan Ramji and Ramesh Ramji went to the place of incident i.e. opposite shop of Rasiklal at Talod, where there was open public place, for the purpose of conditioning the thread for kite flying. At about 3:00 p.m., both the accused approached them stating that that is the place, where they have been working for same business, which has resulted into an altercation. Ultimately, it is the case of the prosecution that accused No.2 caught hold of Kishan Ramji and accused No.1 inflicted a knife blow in the chest of Kishan Ramji resulting into his death. It is also the case of the prosecution that Ramesh Ramji then went to his sister, who was doing vegetable business in a cart nearby, and then went to the Police Station and came back. When he came to the spot, he was again attacked by the accused, where again accused No.2 caught hold of Ramesh Ramji and accused No.1 inflicted a knife blow in the chest of Ramesh Ramji, which resulted into his death. It is the case of the prosecution that Popatbhai Ramabhai, son of the sister of the deceased persons, was present throughout and he witnessed the incident. Sister of the victims Laliben and her husband Ramabhai Kalabhai both were selling vegetables in the vicinity and on learning about the same, they came down and found both the persons dead. FIR was given by Laliben to Talod Police, who registered the offence and investigated the same and after having found sufficient material against both the accused, filed charge sheet in the Court of JMFC, Prantij, who, in turn, committed the case to the Court of Sessions and Sessions Case No.72 of 2004 came to be registered. Charge was framed against the accused persons for offences punishable under section 302 read with section 114 of the Indian Penal Code at Exh-2. Both the accused persons pleaded not guilty to the charge and claimed to be tried. The trial Court ultimately convicted accused No.1 Lalabhai Vaghari and acquitted accused No.2 Bharatbhai Macwana and hence, these appeals.